Asserting that its order on establishing a special court to try all 2G cases could not be indirectly challenged by the co-accused,the Supreme Court on Monday dismissed appeals by Essar Teleholdings and Loop Telecom against the trial of the companies and its promoters by the special court even though they were not accused of corruption charges.
It is not open to the petitioner to indirectly assail the order passed by this court in 2G scam case. We find no merit in these writ petitions,they are accordingly dismissed. The Special Court is expected to proceed with the trial on day-to-day basis to ensure early disposal of the trial, held a bench of Justices GS Singhvi and SJ Mukhopadhaya.
The companies and Essar Group director Vikas Saraf had moved the apex court,challenging the judge of the 2G special court taking cognisance of the chargesheet against the companies in a related case.
The petitioners had also questioned the Delhi High Courts notification on setting up the special court and designation of OP Saini as special judge to hear the case. The petitions claimed the charges against them pertained to cheating and criminal conspiracy,which should be tried by a magistrate and not 2G judge.