CBI today moved the Supreme Court for seeking a clarification whether the special court can conduct a trial of companies which are not charged under the Prevention of Corruption Act in the case arising out of the probe in the 2G spectrum scam case.
The probe agency approached the apex court after being asked by the Delhi High Court which had also directed Essar and Loop to seek a clarification on the issue.
The High Court's direction has come after a brief hearing on the petitions of Essar Teleholdings Ltd and Loop Telecom Ltd that the case against them, arising out of the 2G scam, be taken out of the court of the special judge to a magistrate's court as there was no corruption charges against them.
The High Court had said the apex court's directions setting up a special court for trial of the 2G case and no judicial fora, except it, would entertain any plea in the matter were coming in its way from hearing the petitions of telecom firms.
Besides the two companies, the other accused named in the third chargesheet in the 2G case are telecom firm Loop Mobile India Ltd, Essar group promoters Anshuman and Ravi Ruia along with Loop Telecom promoters Kiran Khaitan, her husband I P Khaitan and Essar Group director (Strategy and Planning) Vikash Saraf.
The chargesheet has been filed under section 420 (cheating) and 120B (criminal conspiracy) of the IPC and the accusations against the firms are triable by a magistrate and not by the special court constituted under the PC Act for hearing the 2G case, Essar, in its petition, said.
Essar and Loop had moved the HC seeking a stay on the administrative order of the Registrar of the High Court which had ordered constitution of the special court.
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