The Essar Group on Thursday moved the Supreme Court claiming that only a Magistrate — and not the Special Judge hearing the 2G case — can take up the case against it on a chargesheet filed by the CBI.

The Group contended that the trial could be conducted by a Magistrate since the company and its officials were not facing charges under the Prevention of Corruption Act but only charges of cheating and criminal conspiracy under the Indian Penal Code.

The Group moved the apex court following a Delhi High Court direction asking it to seek a clarification from the Supreme Court on whether the Special Court has the jurisdiction to conduct the trial in the matter.

However, the apex court said on Thursday that “The High Court should have read our order. It is very clear.” It then asked the group to “avail” a proper remedy. It is now open for Essar Group to move a substantive petition to get its appeal transferred from the Delhi High Court to the Supreme Court.

The apex court will hear the matter again on February 17.

Meanwhile, the CBI, which also had moved the apex court on the issue, withdrew its plea. It had chosen to file the chargesheet before the Special Court since the latter was set up expressly on the directions of the Supreme Court to exclusively hear the 2G spectrum cases.

The Special Judge had then taken cognisance of the CBI chargesheet and had decided to go by the Delhi High Court notification of March 2011 that allowed trial on all 2G cases to go on in the Special Court.

The firms and the other accused named in the CBI's chargesheet, including Mr Ravikant Ruia, Mr Anshuman Ruia, Ms Kiran Khaitan, Mr I P Khaitan and Mr Vikash Saraf, then decided to move the High Court against the Special Court's decision.

>arun.s@thehindu.co.in

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