The Special Court, hearing the 2G spectrum case, on Wednesday granted exemption from personal appearance to four accused — Mr Ravikant Ruia and Mr Anshuman Ruia of the Essar Group as well as Loop Telecom promoters Ms Kiran Khaitan and her husband Mr I.P. Khaitan.

During the hearing, the respective lawyers for the accused sought exemption saying that their clients are based in Dubai and had not been served summons properly. The Khaitans’ lawyer also referred to their ‘poor health’.

Special Judge, Mr O.P. Saini, took into account the submission of the counsel for CBI (Special Public Prosecutor Mr U.U. Lalit) that the investigating agency was not opposing the application of the four accused for grant of exemption from personal appearance.

The judge then said the exemption has been allowed “only for today’’. This means they have to now appear before the court on March 17, when the matter will be heard again.

This is the second time the four accused are failing to appear before the Special Court. They were initially slated to appear before it on January 27 and after their non-appearance, the court had on that date ordered issuance of fresh summons asking them to appear on February 22.

During the proceedings on Wednesday, senior advocate Mr Mukul Rohatgi, appearing for the Ruias, reiterated that the matter against them was not part of the 2G case as they have not been charged under the Prevention of Corruption Act.

Mr Rohatgi said their plea — challenging the jurisdiction of the Special Court to hear the case against them — will be taken up by the Supreme Court on March 1.

Essar and Loop had claimed that only a Magistrate —- and not the Special Judge — can take up the case against them on a chargesheet filed by the CBI in the matter.

This, they had contended, was because the company and its officials are not facing charges under the Prevention of Corruption Act but only charges of cheating and criminal conspiracy under the Indian Penal Code.

During the last hearing of the matter on February 15, the apex court had declined to grant interim stay on the proceedings against Essar Group, Loop Telecom and their promoters before the Special Court.

The apex court had said it will continue to hear the matter and it will quash the proceedings against them only if it comes to the conclusion later that the Special Court did not have jurisdiction.

Citing this, Mr Rohatgi on Wednesday sought the Special Court’s permission for a hearing during March last week saying if the apex court decides in their favour, this case would be tried by a magistrate and if they lose, the Special Court can continue to hear the matter.

Meanwhile, another accused Mr Vikash Saraf, Director (Strategy and Planning), Essar Group, appeared before the Special Court on Wednesday. His bail plea also will be taken up on March 17.

During the last hearing on January 27 before the Special Court, the counsel representing Mr Saraf and the three accused companies (Essar Teleholdings, Loop Telecom and Loop Mobile India) claimed that summonses were not “duly” served on the Ruias and the Khaitans who are residing overseas.

The allegation against Essar Group is that though it had substantial stake in Vodafone Essar, it set up Loop Telecom as a front company or an ‘alter ego', in violation of the existing norms to illegally obtain additional 2G spectrum in 2008. Essar has denied all the charges.

Related Topics
comment COMMENT NOW