Special CBI Judge O P Saini adjourned Monday’s proceedings in the case as Mittal and Ruia had filed separate pleas,saying the Supreme Court had said that there was no need for clarification on its interim order of April 26.
The apex court,in its April 26 interim order,had said the hearing against Mittal and Ruia will remain “postponed” in the trial court until further orders.
The apex court’s order had come on Mittal and Ruia’s pleas challenging the special court’s March 19 order by which it had summoned them as accused in the case.
Mittal and Ruia did not appear in the court on Monday while former Telecom Secretary Shyamal Ghosh,who is also an accused in the case,appeared before it.
Senior advocate Harish Salve,who had appeared for Mittal on August 23,had told the court that as per the April 26 interim order of the apex court,the stay on the proceedings before the trial court still continues.
The special court had earlier told Mittal and Ruia,who had challenged the trial court’s order summoning them as accused in the case,that there was “no stay” on proceedings before it and had warned them that it will go ahead with criminal process if they fail to seek clarification from the Supreme Court on the issue.
CBI had also opposed their plea,saying the proceedings had not been stayed by the apex court.
Mittal,Ruia and Canada-based NRI Asim Ghosh,who was then a Managing Director of accused firm Hutchison Max Telecom Pvt Ltd,were summoned as accused by the trial court. The summons to Asim Ghosh have not been served till date.
Mittal,Ruia and Asim Ghosh were not named as accused in CBI’s charge sheet filed on December 21,last year. Three telecom firms Bharti Cellular Ltd,Hutchison Max Telecom Pvt Ltd (now known as Vodafone India Ltd) and Sterling Cellular Ltd (now known as Vodafone Mobile Service Ltd) are also accused in the case.
CBI,in its charge sheet,had named Shyamal Ghosh and the three telecom companies as accused in the case relating to the Department of Telecommunications (DoT) allocating additional spectrum which had allegedly resulted in a loss of Rs 846 crore to the exchequer.