The Supreme Court today rejected the pleas of Essar Techologies and Loop to exempt them from appearing before the special court trying the 2G spectrum scam. They have to appear before Judge O P Saini on February 22.
The bench presided over by Justice G S Singhvi also issued notice to the government and the CBI apart from making the Centre for Public Interest Litigation (CPIL) a party to the case. It was CPIL which started the case, leading to investigation into the scam, setting up of the special court and arrest of former telecom minister A Raja. The impleadment of CPIL means stiff opposition to the two telecom companies in their pleas before the Supreme Court.
The telecom companies argue that the cases against them are cheating and conspiracy, which are offences under the Indian Penal Code triable by a magistrate. But they are being summoned by the special court which is trying the scam-tainted companies and executives. The special court should confine itself to cases under the Prevention of Corruption Act. Senior counsel Harish Salve for Essar submitted that they should not be compelled to appear before the special court even while the issue of jurisdiction is to be decided by the Supreme Court. The judges rejected his plea.
The Supreme Court will hear the case again after two weeks when all the parties will be before it. In their petitions, the two telecom companies prayed for quashing of the action of the special court taking cognisance of offences under the penal code. They also challenge the notification allowing them to be tried by the special court.
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