Though the apex court posted the hearing for April 18, the CBI said the matter should be referred to another bench headed by justice G S Singhvi, which has been monitoring the development into the investigation into the 2G spectrum scam and cases arising out of its probe.
However, the apex court said Mittal and Ruia will appear tomorrow as scheduled before the Special CBI court dealing with the 2G spectrum cases and would offer personal bond of assurance for their appearance in future.
"Since the matter is listed before the trial court tomorrow. The petitioners shall appear in person and give a personal bond for appearance," the bench said while asking the trial judge to hold the next hearing on April 22.
"Justice Sen has problem in hearing this matter," Chief Justice Altamas Kabir, who was heading the three-judge bench, said without assigning any reason.
The other judge with the CJI and Justice Sen was Justice A R Dave.
The CJI said since Justice Sen has opted himself out from hearing the matter, he along with Justice Dave can hear it.
"Two of us excluding justice Sen will hear the matter," said the CJI, who was told by CBI counsel and senior advocate K K Venugopal that the matter can be heard by a bench headed by justice G S Singhvi.
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