A Delhi court on Tuesday summoned as accused chairman-cum-managing director of Bharti Cellular Sunil Bharti Mittal, Essar Group promoter Ravi Ruia and five others in a case relating to alleged irregularities in allocation of additional spectrum to Airtel and Vodafone during the NDA regime.
Besides Mittal and Ruia, the court issued summonses against Asim Ghosh, who was the then Managing Director of accused firm Hutchison Max Telecom and former Telecom Secretary Shyamal Ghosh for April 11.
The CBI in its charge sheet had only named Shyamal Ghosh and three telecom firms Bharti Cellular, Hutchison Max Telecom (now known as Vodafone India) and Sterling Cellular (now known as Vodafone Mobile Service), but Mittal, Ruia and Asim Ghosh were not arrayed as accused in the case by the agency.
Special CBI Judge O P Saini issued summonses against Mittal, Ruia, who was then a director in Sterling Cellular, and Asim Ghosh saying they were ''prima facie in control of affairs of the respective companies''.
''I also find that at the relevant time, Sunil Bharti Mittal was chairman-cum-managing director of Bharti Cellular, Asim Ghosh was managing director of Hutchison Max Telecom and Ravi Ruia was a Director in Sterling Cellular, who used to chair the meetings of its board. In that capacity they were/are prima facie in control of affairs of the respective companies.''
''As such they represent the directing mind and will of each company and their state of mind is the state of mind of the companies,'' Special CBI Judge O P Saini said.
''They are/were 'alter-ego' of their respective companies. In this fact/situation, the acts of the companies are to be attributed and imputed to them. Consequently, I find enough material on record to proceed against them also,'' he said.
Ruia is also facing trial in a case arising out of the probe into the 2G spectrum allocation scam.
In the 57-page charge sheet, the CBI has booked Shyamal Ghosh and the three telecom firms for the offences of criminal conspiracy (120-B) of the IPC and under provisions of the Prevention of Corruption Act.
In its two-page order, the court said that there was ''enough incriminating material'' on record to proceed against Shyamal Ghosh and the three telecom companies which were arrayed as an accused in the CBI's charge sheet filed on December 21 last year.
''I have carefully gone through the copy of FIR, charge sheet, statement of witnesses and documents on record. On the perusal of the record, I am satisfied that there is enough incriminating material on record to proceed against the accused persons,'' the special judge said, adding accordingly, I take cognisance of the case.
Issue summons to all seven accused for April 11, 2013. ''The court had on March 8 pulled up the CBI for only blaming the government servants and not naming any company officials in the charge sheet after CBI prosecutor K K Goyal had said they had tried their best to find out if any company officials were part of the conspiracy but they could not find any body's name.''
The court had earlier directed the CBI to place before it documents relating to resolution passed by the three firms, including Airtel and Vodafone, for seeking additional spectrum during the NDA regime.
The CBI had told the court that no resolution was passed by these accused firms for applying for additional spectrum.
The CBI, in its charge sheet, has named the three telecom companies as accused in the case in which DoT had allegedly allocated additional spectrum resulting in a loss of Rs 8.46 billion to the exchequer.