SC on 2G case: Mittal, Ruia can’t be asked to appear as accused for now

The hearing is posted for August 5.

In a relief for Sunil Mittal, Asim Ghosh and Ravikant Ruia, the Supreme Court on Thursday said that business tycoons cannot be asked to appear as accused in the 2G additional spectrum case till it decided on the correctness of the trial court’s order.

The 2G trial court had summoned Bharti Telecom MD Mittal, MD of Hutchison Max Telecom Pvt Ltd Asim Ghosh, and Ravi Ruia, a director in Sterling Cellular Ltd, in the case despite their names not figuring in the CBI chargesheet. Adjudicating upon the trio’s challenge to the summoning order, a bench of Justices HL Dattu and KS Radhakrishnan turned down a suggestion that they could be asked to appear in the trial court through their lawyers and the trial could hence proceed.

“Whether they should at all be called as accused or not is the question. So far as the companies are concerned, nobody can have an objection regarding the trial against them. But in their case, we think they should not go to trial with representation from the advocates since their special leave petitions will turn infructuous otherwise,” said the bench.

The bench added that it will have to examine the trial judge’s decision whether there was any evidence against them or if it was only an “imagination” of the judge.

While dealing with the question as to any interim order could be passed since the trial had been stuck due to the trio’s petition in the SC, the bench said that it would be more proper if the petition was heard at length and decided finally.

Senior advocate KK Venugopal, appearing for the CBI, argued that the business magnates should have first challenged the summoning order before the trial court instead of rushing to the apex court. At this, the bench said it will consider this aspect after it finally hears the matter. The hearing is posted for August 5.

CBI: Difference of opinion among officers on Aircel-Maxis chargesheet

New Delhi: The CBI informed the court on Thursday that there was a difference of opinion among its officers on filing chargesheet in the Aircel-Maxis deal, allegedly involving former telecom minister Dayanidhi Maran. It said that matter has been referred to Attorney General G E Vahanvati for his opinion. The court adjourned the matter for August 12. It also directed that Enforcement Directorate officer Rajeshwar Singh shall not be taken away from 2G cases till the trial was over. ENS