The Supreme Court today postponed till April 16 the proceedings in the Special CBI court against Sunil Bharti Mittal, CMD of Bharti Cellular Limited, who has been summoned as an accused in a corruption case related to allocation of additional 2G spectrum in 2002.
The CBI, which told the apex court that investigation into the case has “found evidence against the CMD”, was asked to file a short affidavit along with the police report, i.e., the charge sheet by Thursday.
“In the meantime, hearing before the Special Judge/CBI (2G spectrum cases), New Delhi will be postponed till Tuesday (April 16),” a Bench headed by Chief Justice Altamas Kabir said.
The Bench said Mittal will file the rejoinder to the CBI affidavit by Saturday and the matter will be heard by it on April 15.
The day’s proceedings began with the Bench, also comprising justices A R Dave and Vikramajit Sen, asking the CBI as to how Mittal has been summoned as an accused when his name was not there in the charge sheet.
Mittal’s counsel and senior advocate Harish Salve dubbed the order of Special CBI judge O P Saini as a “complete misdirection of law”.
However, senior advocate K K Venugopal, appearing for the CBI, said the court has a power under section 319 of the CrPC to proceed against other persons, not named as accused in charge sheet, appearing to be guilty of the offence.
He said along with the charge sheet, statements recorded during the probe have been annexed and the special court took cognizance of them to summon Mittal as an accused in the case.