 "2G:Essar Teleholdings seeks joint trial with A Raja and others")
The firm also said that since they have been treated as 'co-accused' by the apex court in its recent order, a separate trial would constitute 'breach of directions of the apex court' and there is also a possibility that evidence being recorded in Raja's case may be used against it.
'The applicant (ETHL) is bringing the new position of the CBI, accepted by the Supreme Court, to the notice of this court so that appropriate directions be issued to rectify the defect that has crept in the past and to conduct both the trials as one trial,' it said.
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'As a result of the acceptance of the stand of the CBI by the Supreme Court, a piquant situation has arisen,' it said, adding the agency had never told the trial court that they should be tried together with Raja and others due to which 'independent trials are being conducted.'
'This new stand of the CBI having been accepted, this situation would require to be remedied,' it said.
The apex court, on July 1 this year, had dismissed the plea of Essar Teleholdings Ltd (ETHL) and Loop Telecom that they along with their promoters cannot be tried in the case arising out of 2G scam by the special CBI court as they have not been charged under the Prevention of Corruption Act.
The bench, while dismissing their plea, had referred to section 220 (trial for more than one offence) and section 223 of CrPC (persons charged jointly), saying that the petitioners were co-accused in the said 2G scam case and may be charged and can be tried together with the other accused.
Senior advocate Harish Salve today filed the application before Special CBI Judge O P Saini, who asked the agency to file its response by August 1.
Essar group promoters Ravi Ruia and Anshuman Ruia and Loop Telecom promoters I P Khaitan and Kiran Khaitan, Essar group Director(Strategy and Planning) Vikash Saraf, along with three companies ETHL, Loop Telecom Pvt Ltd and Loop Mobile India Ltd are facing trial in the case.