To hold the trail against Essar Teleholdings and Loop Telecom challenging and their officials in the 2G spectrum case, the Supreme Court has dismissed the pleas of both the companies. A bench of Justices G S Singhvi and S J Mukhopadhaya rejected the pleas of the telecom companies which pleaded that they be tried in a magisterial court unlike other accused in 2G cases as they have not been charged under the Prevention of Corruption Act, over a year after the judgement was reserved.
The bench, which had reserved its judgement in May 2012, said there was no merit in the plea and dismissed the same. The companies and their officials are facing trial before the special CBI court constituted specially to hold trial in the 2G scam case as the apex court had earlier refused to stay the proceedings against them.
Referring to Section 220 and Section 223 of CrPC, the apex court said that petitioners are co-accused in the said 2G scam case and they may be charged and can be tried together with the other accused.
The two firms had said they have been named in the charge sheet under Sections 420 (cheating) and 120B (criminal conspiracy) of the IPC and the charges were triable by a magistrate and not by the special court constituted for hearing the 2G case.
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