2G: HC asks Essar, CBI to seek SC's clarification on spl court

Delhi High Court
New Delhi, Jan 24: Essar, Loop and the CBI were on Tuesday asked by the Delhi High Court to seek a decision from the Supreme Court whether the charges against them in a case arising out of 2G scam probe could be heard by a magistrate or the Special Court going into the scam.

For this purpose, the High Court asked the two companies and the CBI to seek clarifications from the apex court on its earlier directions to set up a special court for trial of the 2G case and no judicial fora, except it, would entertain any pleas related to the matter.

The direction came 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. "Heard counsel for the parties for some time.

In view of the Supreme Court orders (on February 10 and April 11, last year)... we feel that it would be appropriate for the parties to seek clarification from the Supreme Court as to whether this court can proceed with the hearing of the petitions (of Essar and Loop).

"In order to enable them (Essar, Loop, CBI, Delhi High Court Registry) to do so, re-notify the case after two weeks," a bench headed by Justice B D Ahmed said and fixed the case for hearing on February 16.

The bench, also comprising Justice V K Jain, also wanted to know from Additional Solicitor General Mohan Parasaran as to why CBI did not want to seek clarifications from the Supreme Court.

"Suppose, ten years down the line, the accused are convicted and then acquitted on the ground that their trial was vitiated as they were tried by a judge who was not empowered then what you will do? Why don't, you go to the Supreme Court ?, Justice Ahmed said. 


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