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.

2G case: Charges framed against Essar, Loop promoters

A Delhi Court will pronounce its order on Friday on farming of charges against Essar group and Loop Telecom promoters for allegedly committing offences of cheating and criminal conspiracy for obtaining the 2G spectrum licences from government.


“Put up for order on May 25. All the five accused person shall remain present in the court in person (on May 25),” Special CBI Judge OP Saini said after the CBI concluded its arguments on framing of charges on May 11.


The five persons who face the CBI charges of cheating and criminal conspiracy in the case are Essar group promoters Ravi Ruia and Anshuman Ruia and Loop Telecom promoters I P Khaitan and Kiran Khaitan, besides Essar group Director (Strategy and Planning) Vikash Saraf as accused in the case.

The CBI has accused Essar group and Loop Telecom promoters of cheating and criminal conspiracy.

Besides the five, the CBI has also named in its charge sheet, filed on December 12, three companies, Loop Telecom Pvt Ltd, Loop Mobile India Ltd and Essar Teleholdings Ltd also as accused in the case.

Advancing arguments on framing of charges, CBI counsel A K Singh said Loop Telecom played “hide and seek” with the Department of Telecom (DoT) and concealed information from it regarding their relationship with Essar Group.

Referring to the conduct of Loop Telecom, he said, “first the company had not filed the clause 8 (of the Unified Access Services Licences guidelines) certificate which was mandatory to be submitted at the time of filing of the application (for spectrum) and secondly, when it gave the certificate on the asking of DoT, it submitted the same with incomplete information.”

He said this shows that Loop Telecom was “concealing vital information about its relation with Essar group which is the subject matter of the case.”