2G case: Mittal, Ruia seek recall of SC orders

Bharti Cellular CMD Sunil Mittal, Essar Group promoter Ravi Ruia and other accused in the 2G case today told the Supreme Court that its orders barring the High Court from hearing cases arising out of the scam and directing trial on day-to-day basis has turned into an "instrument of torture" and seriously impaired their rights.
"Unfortunately, the trial court has not realised the spirit of the order and took it in a literal sense making it an instrument of torture," senior advocate Ram Jethmalani, appearing for Swan Telecom promoter Shahid Balwa, submitted before a bench of justices G S Singhvi and K S Radhakrishnan.

Mittal and Ruia, who have been summoned as accused in the case of alleged irregularities in allotment of additional spectrum, assailed the order saying it has seriously impaired their right to approach the High Court.
However, the CBI opposed the plea for recall of the apex court's April 11, 2011 and November 9, 2012 orders, saying these were passed "keeping in mind the magnitude of the case involving the sitting MP, who was then the telecom minister (A Raja) and large number of industrialists".
The agency told a bench comprising justices G S Singhvi and K S Radhakrishnan that "the entirity of 2G spectrum scam spread for long period and there are connected cases" and "in case of Mittal and Ruia the trial court asked them to be added as accused (in the additional spectrum case) and they themselves have come to this court".

Senior advocate Harish Salve, appearing for Mittal and Ruia, said the apex court orders on their pleas were being given altogether a different interpretation by the CBI.
"It is surprising how your orders are being understood," he said referring to the orders in which the CBI and others were given six weeks to complete the filing of affidavits and counter-affidavits on their petitions challenging the trial court order summoning them as accused in the case of alleged irregularities in the additional spectrum case.