Supreme Court stays proceedings in all 2G cases in the Delhi High Court

The Supreme Court expressed its displeasure that the Delhi High Court  was hearing the matters relating to the 2G spectrum scam despite its order restraining courts below the apex BSE 0.00% court from adjudicating issues arising out of the case.

According to  justices G S Singhvi and K S Radhakrishnan, “Despite injunction the Delhi High Court has entertained petition relating to the 2G spectrum case.

It is very surprising on the part of the behaviour of the High Court”

CBI counsel K K Venugopal said the bench can pass an order and stay any such proceedings.

The bench said an application can be filed by the CBI so that it can give a clear-cut order. “We will hear your application”

“We will make it clear that no court will entertain any petition (on the 2G case),” the bench said after senior advocate Mukul Rohatgi, who is representing Essar Group in the case against them, sought clarification on the injunction order. Rohatgi said the legal right available to the affected parties cannot be taken away and one such right was to approach the High Court.

He said it was for Parliament to make or amend laws and the legal rights available cannot be denied.

“We cannot say anything for Parliament to amend laws. Law making is in their domain,” the bench observed.

The remarks of the bench came in the wake of the High Court yesterday entertaining the petition filed by Essar Group promoters.

 

BY PTI

2G: High Court asks Centre to respond to Essar”s plea

The Delhi High Court asked the Centre  to respond to the pleas of Essar Teleholdings Ltd and its promoters, Ravi and Anshuman Ruia, for quashing of the charges framed against them in a case linked to the 2G spectrum allocation scam.

Notice has been issued by Justice AK Pathak to the Ministry of Law, the CBI and the Department of Telecommunications (DoT), seeking their replies to the petitions of the telecom major and its two promoters against a lower court order on framing of charges against them for their trial in the case.

The court issued notices to the Law Ministry and the DoT, rejecting their contentions that the same cannot be issued against them as they were not the parties to the case.

Appearing for the telecom firm, senior advocate Mukul Rohatgi argued that DoT and the Law Ministry too be asked to respond to the petition as it is the case of the CBI that the company had cheated the DoT.

Rohatgi elaborated on his submission saying it was the Law Ministry which had opined that no case was made out against the telecom firm.

“If I have cheated something from DoT, let them file an affidavit that they have been cheated”

The telecom firm also sought to distinguish its case from those against the other accused in the 2G scam saying “we have a better case than the others as there is no Prevention of Corruption Act invoked against us.”

The court has now fixed the matter for further hearing on January 22, 2013.

The telecom firm and its promoters have moved the high court against the May 25 order of the Special CBI court which had framed charges against the Ruias and Essar Teleholdings Ltd and also Essar Group director (Strategy and Planning) Vikas Saraf.

Besides, Ruias, Essar Teleholdings Ltd, the court had also framed charges against companies – Loop Telecom Pvt Ltd, Loop Mobile India Ltd and their promoters Kiran Khaitan and her husband I P Khaitan under section 120 B read with 420 IPC.