The special CBI court may pronounce its decision on Wednesday whether the offence committed by Essar-Loop and their promoters as mentioned in the CBI’s chargesheet are triable by a magistrate or the designated court.

The court had on December 17, reserved its order on taking cognizance of CBI's third charge sheet arising out of investigation in the 2G scam case against Essar Group and Loop Telecom promoters and three companies for December 21. Essar-Loop and don’t figure in the charge sheet under Prevention of Corruption Act.

The CBI had maintained that the allegations against them are triable by a magistrate and it is for the special court to take decision on this.  The CBI does not have enough evidence to prosecute them PCA, though they have been charged with conspiring to cheat Department of communications (DoT). "investigation has not revealed evidence to prove mala-fide on the part of public servants in the matter", the CBI said.   

The CBI in its third Chargesheet filed on December 12 had named Essar group promoters Anshuman and Ravi Ruia, Loop Telecom promoters Kiran Khaitan, her husband I P Khaitan and Essar Group director (Strategy and Planning) Vikas Saraf were made accused. The companies named as accused are Loop Telecom Pvt Ltd, Loop Mobile India Ltd and Essar Tele Holding.
   
However, Essar Group reacted to this saying that it had no involvement in the 2G scam. ”We have complied with in totality with all conditions of telecom licences. It claimed that the CBI has confirmed that Essar was not involved in the 2G scam”, An Essar group statement said.