A Delhi court is likely to decide tomorrow on taking cognizance of CBI's third charge sheet arising out of investigation in the 2G scam case against Essar Group and Loop Telecom promoters and three companies.
Special CBI Judge O P Saini who had reserved his order on the issue on December 17 will also pass an order whether the offence against the Essar-Loop and their promoters are triable by a magistrate or the designated court since they have not named in the charge sheet under Prevention of Corruption Act.
The special court was set up under the order of the Supreme Court to exclusively deal with matters pertaining to the 2G case but the CBI in the charge sheet has said that the offences alleged to have been committed are triable by a magistrate and it is for the special court to decide whether it has to be referred to magisterial court or not.
The CBI has accused the Essar and Loop promoters of conspiring to cheat the Department of Telecommunication (DoT) but has not found evidence to prosecute theme under the PCA.
It said "investigation has not revealed evidence to prove mala-fide on the part of public servants in the matter."
In the charge sheet filed on December 12, Essar group promoters Anshuman and Ravi Ruia, Loop Telecom promoters Kiran Khaitan, her husband I P Khaitan and Essar Group director (Strategy and Planning) Vikas Saraf were made accused. The companies named as accused are Loop Telecom Pvt Ltd, Loop Mobile India Ltd and Essar Tele Holding.
Essar Group, in a statement, had denied any involvement in the 2G scam and said it has complied with in totality with all conditions of telecom licences. It claimed that the CBI has confirmed that Essar was not involved in the 2G scam.
