Additional spectrum: jurisdiction issue to be heard on May 23

A special court today fixed May 23 for hearing arguments on applications filed by two companies, chargesheeted by CBI in additional spectrum allocation case of 2002, questioning its jurisdiction to deal with the matter.
The matter was fixed for hearing before Special CBI Judge O P Saini and it was deferred as the judge was on leave today.
Accused firms M/s Hutchison Max (P) Ltd and M/s Sterling Cellular Ltd had filed separate pleas questioning the special court's jurisdiction to deal with the case.
The court had earlier fixed for today hearing on the bail plea of an accused, former Telecom Secretary Shyamal Ghosh, and arguments on charges in the case.

CBI has chargesheeted Ghosh and three telecom firms -- Hutchison Max (P) Ltd, Sterling Cellular Ltd and Bharti Cellular Ltd--as accused in the case relating to the Department of Telecommunications (DoT) allocating additional spectrum which had allegedly resulted in a loss of Rs 846 crore to the exchequer.
The special court was earlier informed that the Supreme Court had quashed the order summoning Bharti Cellular Ltd CMD Sunil Bharti Mittal and Essar Group promoter Ravi Ruia as accused in the case.

The apex court had on January 9 this year set aside the order summoning Mittal and Ruia, observing that the principle of 'alter ego' has been wrongly applied by the trial judge in seeking the presence of Mittal and Ruia as accused.

Besides Mittal, Ruia and Shyamal Ghosh, the special court had also summoned Canada-based NRI Asim Ghosh, who was then a managing director of Hutchison Max Pvt Ltd, as accused.
Mittal, Ruia and Asim Ghosh were not named as accused in the CBI chargesheet filed on December 21, 2012.
In the 57-page charge sheet, CBI has booked Shyamal Ghosh and the three firms for the offences of criminal conspiracy (120-B) of IPC and under Prevention of Corruption Act.