In a setback to the Essar Teleholdings Ltd, the Supreme Court on Tuesday held that the company and its promoters Ravi and Anshuman Ruia will be tried by the special 2G trial court, as it dismissed their petitions challenging the jurisdiction of the 2G court to try them in a case arising out of the probe in the 2G spectrum scam.
Ruias had contended that their case should be tried in an ordinary magisterial court since there was no charge under the Prevention of Corruption Act. Essar’s counsel Harish Salve had argued that their case should be heard afresh by a magistrate’s court since they were charged with the offence of cheating under the IPC and CBI had not made out a case of corruption under the Prevention of Corruption Act.
But a bench comprising Chief Justice H L Dattu and Justices A K Sikri and Rohinton F Nariman said that Ruias’ contentions on has already been rejected by the top court in July 2013.
The bench noted that every offence pertaining to the 2G scam by itself would be within the Special Judge’s jurisdiction and it cannot be tried separately by any other magisterial court.
The court also rejected the contention of the petitioners for holding joint trial with other accused in the main 2G spectrum scam case, involving former Telecom Minister A Raja.