Supreme Court on refused to
grant interim stay on the summons issued against Essar and Loop Telecom
but agreed to hear their pleas challenging jurisdiction of a special
court which took cognizance of the chargesheet against them in the case
arising out of CBI probe into 2G spectrum scam.
"We
would quash the proceedings if we come to the conclusion that the court
has no jurisdiction to hear the case," a bench of justices G S Singhvi
and S J Mukhopadhaya said asking them to appear before the trial court
on February 22.
It
issued notices to CBI and others asking them to file their responses
within two weeks on the companies' plea in which they have said since
corruption charges have not been made against them under the Prevention
of Corruption Act, their case is triable by a magistrate and not a
special court.
The
bench did not agree with companies' counsel Harish Salve and Mukul
Rohatgi that till the jurisdiction issue is decided, there should be
interim stay on the summons issued by the special court for the
appearance of the representatives of the firms and their promoters
chargesheeted by CBI.
It
also made the NGO, Centre for Public Interest Litigation (CPIL) and
others, who had filed the petition in the apex court on the 2G spectrum
scam, as respondents.
Advocate Pranab Sachdeva, appearing for the CPIL and other NGOs, accepted the notice on their behalf.
The
two telecom firms, in their petitions, had said they have been
chargesheeted under section 420 (cheating) and 120B (criminal
conspiracy) of the IPC and the charges were triable by a magistrate and
not by the special court constituted under the Prevention of Corruption
Act for hearing the 2G case.
Other
accused named in the third chargesheet are Essar group promoters
Anshuman and Ravi Ruia along with Loop Telecom promoters Kiran Khaitan,
her husband I P Khaitan and Essar Group Director (Strategy and Planning)
Vikash Saraf.
The companies and their promoters have denied any involvement in the scam.
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