The Supreme Court today upheld the trial of Anshuman S. Ruia, Ravi S. Ruia and their company Essar Teleholding by the Special CBI court trying 2G scam cases, rejecting their plea that they should instead be tried by a magisterial court. It is a major setback to Ruias and Essar.
In a judgment pronounced by a 3-judge bench of Chief Justice H.L. Dattu, Justice A.K. Sikri and Justice Rohinton F. Nariman, the petition of Essar Teleholding and Ruias was dismissed by the Supreme Court today, on 29 September 2015.
The Essar and Ruias had moved the Supreme Court contending that since they have been charged for cheating under section 420 of IPC and for conspiracy under section 120 B of IPC, therefore they can only be tried by the magisterial court and not by the special CBI court trying cases of the offences punishable under the provisions of prevention of corruption act. Their plea was that their case should be tried only in an ordinary magisterial court since there was no charge under the Prevention of Corruption Act. Senior advocate Harish Salve had submitted that their case should be heard afresh by a magistrate’s court since they were charged with the offence of cheating under the IPC and CBI had not made out a case of corruption under the Prevention of Corruption Act. The CBI had opposed Essar’s plea saying that it was a means to scuttle the trial, which was at an advanced stage. The apex court had reserved its verdict in this case last week after hearing Essar and the CBI.
The Supreme Court’s decision to dismiss this petition would mean that Essar and Ruias will now have to argue their case before the special 2G court, with a chance to appeal against the decision of the trial court.
