Relying on the legal authority and the careful scrutiny of evidence by the trial court judge, the CBI has urged the Supreme Court not to interfere with the coercive orders against Sunil Bharti Mittal, CMD of Bharti Airtel, and Essar Group promoter Ravi Ruia, and dismiss their appeals. The duo have challenged the summoning orders by the 2G trial court in a corruption case linked to allocation of additional 2G spectrum in 2002.
Filing its affidavits on Wednesday, the CBI said that the trial court had taken cognizance of the offences mentioned in the chargesheet and issued summons under the Indian Penal Code and Prevention of Corruption Act only after carefully going through the FIR, chargesheet, statements of witnesses and documents and also after application of judicial mind.
“It is further submitted that the culpability and act of the petitioner (Mittal) based on the material on record has been attributed to the accused company M/s Bharti Cellular Ltd as per the doctrine of ‘alter ego’ and of “directing mined and will” and vice-versa the act i.e. undue pecuniary advantage given to the said accused company, pursuant to the said conspiracy has been attributed to him,” stated the affidavit.
Reiterating its demand to send the petitions by Mittal and Ruia to the same SC bench that has been monitoring the investigations into the 2G case, the CBI stated that the impugned order was based on detailed materials placed before the trial court and it would be “most appropriate” for the duo to approach the Special Judge and explain as to why they should not be made accused.
It added that Mittal and Ruia, during the arguments on charge, will have every right and occasion to defend their cases and hence SC did not require to intervene at this stage. In the affidavits, the agency also lent reliance on some previous judgements by the apex court, holding that the directors of a company may be made accused upon prima facie satisfaction that they are at the helm of affairs when a corporate entity commits a criminal act.