In a setback to Essar group and Loop Telecom, the Supreme Court on Wednesday refused to grant interim stay on the summons issued against them and their officials by a special CBI court to appear before it on February 22 for their alleged involvement in a 2G spectrum scam offshoot case.

A Bench of justices, Mr G S Singhvi and Mr S J Mukhopadhaya, however, agreed to hear their petition challenging the jurisdiction of the special court to hear the case on the ground that corruption charges have not been slapped on them like other accused in the multi—crore rupee scam.

“We would quash the proceedings if we come to the conclusion that the court has no jurisdiction to hear the case,” the bench said.

The Bench also issued a notice to CBI and other parties and asked them to file their responses within two weeks on the companies’ plea.

The two telecom firms, in their petitions, had said they have been charge sheeted under section 420 (cheating) and 120B (criminal conspiracy) of the IPC and the charges were triable by a magistrate and not by the special court constituted under the Prevention of Corruption Act for hearing the 2G case.

Other accused named in the third charge sheet are Essar group promoters Anshuman and Ravi Ruia along with Loop Telecom promoters Kiran Khaitan, her husband I P Khaitan and Essar Group Director (Strategy and Planning) Vikash Saraf.

They have been asked to appear before Special CBI Judge Mr O P Saini on February 22.

The companies and their promoters have denied any involvement in the scam.

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