SME Times News Bureau | 10 Feb, 2012
The Supreme Court Thursday said it will hear Feb 17 Essar Technologies Ltd's plea that the cheating case against the company in the 2G scam be heard by a magistrate and not the Special CBI court judge dealing with other corruption matters related to the scam.

The company said that as it was charged under Section 420 of the Indian Penal Code (cheating) and not under the Prevention of Corruption Act like other accused, its case should be heard by a magistrate and not Central Bureau of Investigation (CBI) Special Judge O.P. Saini.

The apex court bench of Justice G.S. Singhvi and Justice S.J. Mukhopadhaya said that it would hear the matter Feb 17 after senior counsel Harish Salve, appearing for Essar Technologies, said the Delhi High Court had asked the company and the CBI to seek a clarification from the apex court.

The high court sought a clarification whether it could proceed on the company's plea seeking a trial by a magistrate.

When the court asked Salve to file an interlocutory application in the 2G matter being heard by it, Salve told the court that a substantive matter could not be raised by way of an interlocutory application.

As Salve's plea for treating his petition as an interlocutory application did not find favour with the court, he withdrew it saying that he would move a transfer petition seeking the shifting of the petition pending before the high court to the apex court.

He said he would lay all the options before the court to decide.

The apex court described as correct the high court's decision to ask Essar Technologies and the CBI to seek clarification from it.

As court asked Essar Technologies to exercise its remedies, Salve said: "My remedy is not coming here. I can argue my case before the high court."

The high court by its impugned order said that in view of the apex court orders of Feb 10 and April 11, 2011, it would be appropriate for the parties to seek clarification from the apex court if it could proceed with the hearing on the petitions by Essar Technologies Ltd and others.