The CBI, in the Delhi high court on Tuesday, rejected the contention of two firms accused in the 2G spectrum allocation case that they cannot be tried by the special court as it does not have the power to do so.
Essar Teleholdings Ltd and Loop Telecom Ltd, named by the CBI in the second supplementary chargesheet filed in the case, told the high court that the special CBI court has the authority to deal with only those cases where charges are under the Prevention of Corruption Act. Senior advocate Harish Salve, appearing for Essar, said since the firms have been booked for cheating and criminal conspiracy but not under the PC Act, they cannot be tried by the designated court. “The chargesheet was filed without referring to the Prevention of Corruption Act. How a sessions judge can hear the matter? Simple offences under Section 420 (cheating) and 120B (criminal conspiracy of the IPC) have been charged (against the companies) and not under the PC Act, which is beyond the jurisdiction of the special judge,” Mr Salve said, seeking a stay on the administrative order of the high court by which the special court was constituted on March 15, 2010, to hear the 2G case.
However, CBI counsel Sonia Mathur said the two firms can be tried by the special judge as the case has arisen out of the probe in the 2G spectrum allocation scam. “The Supreme Court had indicated that a special court would be created which will hear the entire case related to the 2G scam exclusively,” the CBI counsel told a two-member bench headed by Justice B.D. Ahmed.
The bench has now fixed the matter for further hearing on January 24.