The stalled additional 2G spectrum case during previous NDA rule is likely to gain some momentum as a special court in New Delhi will take it up for hearing on Monday sans Sunil Bharti Mittal and Ravi Ruia, who succeeded in getting an order summoning them as accused quashed.
The hearing in the high-stake case is virtually stalled since the April 26, 2013 interim order of the apex court which had said that proceedings against Bharti Cellular Ltd CMD Mittal and Essar Group promoter Ruia, who had challenged trial court’s summoning order, will remain “postponed” until further orders.
The apex court on Friday cleared the deck in the case by setting aside the lower court’s order summoning Mittal and Ruia observing that principle of ‘alter ego’ has wrongly been applied by the trial judge in seeking presence of both the top corporate honchos as accused.
A three-judge bench headed by Chief Justice H L Dattu had also said that trial court had issued summons on an “erroneous presumption in law”, but it can summon Mittal and Ruia if incriminating materials are found against them.
Besides Mittal and Ruia, the trial court had also summoned Canada-based NRI Asim Ghosh, who was then a managing director of accused firm Hutchison Max Telecom Pvt Ltd, as accused. Mittal, Ruia and Asim Ghosh were not named as accused in the CBI charge sheet.
Special CBI judge O P Saini would on Monday hear the case against ex-telecom secretary Shyamal Ghosh and three telecom companies — 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).
Shyamal Ghosh and the three firms were named as accused in the CBI’s charge sheet filed on December 21, 2012.