Special Court to Hear Additional Spectrum Case on June 4

A special court on Saturday fixed June 4 for hearing arguments on the pleas filed by two companies, charge-sheeted by CBI in additional spectrum allocation case of 2002, questioning its jurisdiction to deal with the matter.

The matter came up for hearing before Special CBI Judge O P Saini who said that the bail plea of former Telecom Secretary Shyamal Ghosh, an accused in the case, would also be heard on June 4.

Accused firms M/s Hutchison Max (P) Ltd and M/s Sterling Cellular Ltd had filed separate applications questioning the special court's jurisdiction to deal with the case.

CBI has charge-sheeted Ghosh and three telecom companies - Hutchison Max (P) Ltd, Sterling Cellular Ltd and Bharti Cellular Ltd - as accused in the case relating to Department of Telecommunications allocating additional spectrum which had allegedly resulted in a loss of Rs. 846 crores 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.