Surplus spectrum: Apex court dismisses plea of accused firms

The firms had said the court was constituted to deal with matters pertaining only to 2G scam and additional spectrum case was not covered

The Supreme Court on Monday dismissed the pleas of two telecom firms chargesheeted in the 2002 additional spectrum allocation case, challenging the trial 2G court's jurisdiction to deal with the matter, asking the companies whether they were bent upon preventing the trial.

Accused firms Hutchison Max (P) Ltd and Sterling Cellular Ltd had contended that the matter did not relate to the 2G spectrum case and the special court set up to deal exclusively with cases arising out of the scam did not have the juridiction to hear their case.

"Are you people somehow bent on preventing the trial," a bench comprising judges T S Thakur and V Gopala Gowda asked and added, "This is most improper. The richer the client, the greater the tendency of prolonging the matter."

"The judicial process comes to disrepute because of these ingenious applications. We will not fall prey to this," the bench observed while rejecting their appeal against the trial court's July 23 order by which it had dismissed a similar plea and imposed costs of Rs 25,000 on each of the firms.

It further said that all "frivolous applications" were aimed at holding back the judicious process.

The firms, while challenging the trial court's jurisdiction to deal with the matter on the ground that their case did not relate to 2G spectrum scam, had said the court was constituted to deal with matters pertaining only to 2G scam and additional spectrum case was not covered.

Vodafone said, "The Hutchison Max (now known as VIL) and Sterling Cellular Limited ( now known as VMSL) basis legal advice , had filed Petitions before Hon'ble Supreme Court against an order of the Special Court, Patiala House on its application on jurisdiction, as per remedies available in law. The Hon'ble SC has today simply dismissed the SLP and we respect the same. The matter is otherwise pending before the Special Court and the companies are participating in the said proceedings and shall continue to defend the same as per law".