New Delhi: Two telecom firms, chargesheeted by the CBI in additional spectrum allocation case of 2002, on Friday raised the issue of jurisdiction before a special court saying the case was not related to the 2G spectrum scam and it should be heard by another court.
Accused firms M/s Hutchison Max (P) Ltd and M/s Sterling Cellular Ltd, who have filed separate applications questioning the special court's jurisdiction to deal with the case, said that their case was different from that of the other 2G scam cases.
Senior advocate Sidharth Luthra, who appeared for the firms, said in this case no licence was granted to these companies and the issue relates to allocation of additional spectrum only.
"There is a distinction between the nature of prosecution in the 2G spectrum cases and this case. Here the issue is different. The 2G cases are entirely based on unified access service licences (UASL) but this case relates to additional spectrum. The two issues are different altogether," Luthra told Special CBI Judge O P Saini.
He said that these firms had sought additional spectrum from the government which was granted. Licence and spectrum are different things and there is no comparison at all, he added.
"This case is not related to 2G spectrum allocation so this court has no jurisdiction to hear it. This issue which is not under the domain of this court should be sent to some other court," he said while referring to the orders passed by the Supreme Court in the 2G scam cases.
He also said that issue of jurisdiction goes to the "root of the matter" and it was needed to raise it at the initial stage itself.
The arguments on the plea today remained inconclusive and would continue on June 30.
Former Telecom Secretary Shyamal Ghosh and three telecom firms -- M/s Hutchison Max (P) Ltd, M/s Sterling Cellular Ltd and Bharti Cellular Ltd -- were chargesheeted by the CBI in the case relating to Department of Telecommunications (DoT) allocating additional spectrum which had allegedly resulted in a loss of Rs 846 crore to the exchequer.
The special court was earlier informed that the 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.
The apex court had on January 9 this year set aside the order summoning Mittal and Ruia, observing that the principle of 'alter ego' has been wrongly applied by the trial judge in seeking the 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 an 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 IPC and under Prevention of Corruption Act.
