Clubbing 2G cases may lead to miscarriage of justice: Court

A Delhi court today dismissed two separate pleas of Essar Teleholdings Ltd (ETHL) and another accused in 2G spectrum scam seeking a joint trial in the case, saying the alleged "purposes of conspiracy" were different and holding such trial may lead to miscarriage of justice.
The court said the period of alleged conspiracy in the main case, involving former Telecom Minister A Raja and others, was between 2007-2011 while in case involving ETHL and promoters of Essar Group and Loop Telecom, it was between 2007-2008 and the facts and allegations were not common.
"In the instant case, neither the facts and allegations are common, nor evidence is common nor the accused were acting with a commonality of purpose and, as such, there is no ground for holding a joint trial. I may also add that holding a joint trial at this stage may lead to miscarriage of justice," said Special CBI Judge O P Saini.

The order came on two separate pleas filed by ETHL and private firm director Rajiv Agarwal, who is facing trial along with Raja and others.
ETHL, which is facing trial in a case arising out of the probe into the 2G spectrum scam along with the promoters of Essar Group and Loop Telecom, had moved the court seeking a joint trial with Raja and others in the case citing a recent Supreme Court order holding them as co-accused in the case.
The court, in its order, observed that clubbing the two cases would result in wastage of effort and that the accused were reading few sentences of apex court's order out of context.

"Clubbing the two cases together at this point of time would result in the wastage of the effort already gone into the case and may lead to failure of justice. Accordingly, with all humility at my end, the accused are reading a few sentences out of the judgement of supreme court out of context and are projecting the same in a manner neither warranted by the fact situation of case nor by law, referred to above," it said.