The CBI on Tuesday told the Delhi High Court that the offences alleged against Essar Teleholdings Ltd and Loop Telecom Ltd can also be tried by the Special Judge as the case has arisen out of the probe in the 2G spectrum allocation scam.
However, the CBI did not dispute Essar's contention that its chargesheet had said that the offences alleged against the accused are triable by a magistrate.
"The Supreme Court had indicated that a special court would be created which will hear the entire case related to the 2G scam exclusively," the CBI counsel told a two-member bench headed by Justice B D Ahmed.
CBI, in its third charge sheet, had said that the offences alleged against the companies were triable by a magistrate as they have not been charge sheeted under the Prevention of Corruption Act (PCA) in the 2G case.
Senior advocate Harish Salve, appearing for Essar, said that the chargesheet against the companies has been filed without referring to the PC Act and hence, the Special CBI Judge cannot try them.
"The chargesheet was filed without referring to the Prevention of Corruption Act. How a session’s judge can hear the matter?" Salve said while initiating the arguments.
"Simple offences under section 420 (cheating) and 120B (criminal conspiracy of the IPC) have been charged (against the companies) and not under the PC Act, which is beyond the jurisdiction of the Special Judge," he said while seeking a stay on the administrative order of the High Court by which the special court was constituted on March 15, last year to hear the 2G case.
The bench, also comprising Justice V K Jain, has now fixed the matter for further hearing on January 24 on the petitions of Essar and Loop.
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