The Supreme Court on Wednesday rejected the pleas of Essar Technologies and Loop Telecom to exempt them from appearing before the special court hearing the 2G spectrum scam. They have to appear before Judge O P Saini on February 22.
The bench headed by judge G S Singhvi, however, agreed to hear their petition challenging the jurisdiction of the special court to hear the case. "We would quash the proceedings if we come to the conclusion the court has no jurisdiction to hear the case," the bench said.
The bench also issued notices to the government and the CBI, apart from making the Centre for Public Interest Litigation a party to the case.
It was CPIL which started the case, leading to investigation into the scam, setting up of the special court and arrest of former telecom minister A Raja.
The impleadment of CPIL means stiff opposition to the two telecom companies in their pleas before the Supreme Court. The telecom companies argue the cases against them are cheating and conspiracy, which are offences under the Indian Penal Code triable by a magistrate. But they were being summoned by the special court, which was hearing the scam-tainted companies and executives.
Senior counsel for Essar, Harish Salve, submitted that they should not be compelled to appear before the special court even while the issue of jurisdiction is to be decided by the Supreme Court. The judges rejected his plea.
The Supreme Court will hear the case again after two weeks. In their petitions, the two telecom companies prayed for quashing of the action of the special court taking cognisance of offences under the penal code. They also challenge the notification allowing them to be tried by the special court.
Besides Essar, the others named in the third chargesheet in the 2G case are Loop Mobile India Ltd, Essar Group promoters Anshuman and Ravi Ruia, and Loop Telecom promoters Kiran Khaitan, husband I P Khaitan and Essar Group director Vikas Saraf.