Additional spectrum case: CBI to file response on firms' pleas

CBI Wednesday sought time to file its reply on the applications of two firms, chargesheeted in the 2002 additional spectrum allocation case, questioning the jurisdiction of the special 2G court to deal with the matter.

New Delhi: CBI Wednesday sought time to file its reply on the applications of two firms, chargesheeted in the 2002 additional spectrum allocation case, questioning the jurisdiction of the special 2G court to deal with the matter.

Accused firm M/s Hutchison Max (P) Ltd and M/s Sterling Cellular Ltd filed separate pleas before Special CBI Judge O P Saini who fixed it for hearing on March 25.

During the hearing, senior public prosecutor K K Goel said they need around 15 days time to file response on the pleas.

"Senior public prosecutor seeks sometime for filing reply to the applications. Reluctantly allowed," the judge said.

The court, which was scheduled to hear today arguments on bail plea of former Telecom Secretary Shyamal Ghosh, an accused in the case, posted it for hearing on March 25.

"Put up the matter for reply, if any, and disposal of two applications as well as disposal of bail application of accused Shyamal Ghosh/arguments on charge on March 25, 2015, as prayed by both parties," it said.

CBI also supplied additional copies of the documents filed along with the charge sheet to the accused in pen drive saying it contained better and legible copies.

CBI has chargesheeted Shyamal Ghosh and three telecom firms -- M/s Hutchison Max (P) Ltd, M/s Sterling Cellular Ltd and Bharti Cellular Ltd -- as accused in the case relating to the Department of Telecommunications allocating additional spectrum, which had allegedly resulted in a loss of Rs 846 crore to the exchequer.

The special court was earlier informed that Supreme Court had quashed the order summoning Bharti Cellular Ltd CMD Sunil Bharti Mittal and Essar Group promoter Ravi Ruia as accused in the case.

Hearing in the case was virtually stalled since April 26, 2013 interim order of the apex court which had said that proceedings against Mittal and Ruia, who had challenged the summoning order, will remain "postponed" till further orders.

The apex court on January 9 this year had cleared the decks by setting aside the order summoning Mittal and Ruia, observing that the principle of 'alter ego' has been wrongly applied by the trial judge in seeking presence of Mittal and Ruia as accused.

Besides Mittal, Ruia and Shyamal Ghosh, the special court had also summoned Canada-based NRI Asim Ghosh, who was then a managing director of Hutchison Max Pvt Ltd, as accused.

Mittal, Ruia and Asim Ghosh were not named as accused in the CBI charge sheet filed on December 21, 2012.

In the 57-page charge sheet, CBI has booked Shyamal Ghosh and the three firms for the offences of criminal conspiracy (120-B) of the IPC and under provisions of the Prevention of Corruption Act.

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