Bharti Cellular Limited CMD Sunil Bharti Mittal and Essar Group promoter Ravi Ruia today got a breather from the Supreme Court which exempted them from personal appearance in the trial court in a case of alleged irregularities related to allocation of additional 2G spectrum in 2002.
The apex court also said that the hearing against them in the Special CBI Court will remain "postponed" until further orders.
"Interim order (on postponement of hearing in the trial court) already passed will continue in the meantime and the petitioners (Mittal and Ruia) are not required to appear before the the Special Judge/CBI (2G spectrum cases), New Delhi as they have already furnished their personal bonds," a bench headed by Chief Justice Altamas Kabir said.
The bench, also comprising Justices S S Nijjar and Pinaki Chandra Ghose, formally issued notice to the CBI on Mittal's plea challenging the trial court order summoning him as an accused in the case.
The bench asked the agency to respond to the notice within four weeks after which the rejoinder would be filed by Mittal in three weeks.
After the recusal of the two judges, a new bench of the apex court had yesterday commenced the hearing during which Mittal's counsel had made the submission for an hour and the matter was listed for further arguments today.
Justice Ghose was today included as the third judge in the bench. The CJI along with Justice Nijjar had yesterday heard the submission of Mittal's counsel Harish Salve.
Earlier two judges, Justice Vikramajit Sen and Justice A R Dave on April 15 and April 16 respectively had recused themselves from hearing the matter without giving reasons.
When the three-judge bench today took up the matter for hearing, it was told that no formal notice has been issued on Mittal's petition.
On April 8, the apex court had directed postponement of the hearing before the trial court while asking the CBI to file a short affidavit along with the police report, i.E the charge sheet.
