Bharti Cellular Limited CMD Sunil Bharti Mittal on Monday moved the Supreme Court against the March 19 order of the special 2G court asking him to appear on April 11before it along with Essar Group promoter Ravi Ruia, and Asim Ghosh, former CEO of Vodafone Essar.
The three were named in the CBI’s charge sheet as an accused, saying there was “enough material” to proceed against him in the case.
The court hearing the 2G case had summoned them after taking cognisance of a Central Bureau of Investigation (CBI) charge sheet filed against Bharti Airtel and others for alleged irregularities in the allocation of additional spectrum during the NDA regime.
The CBI in December 2012 had named former telecom secretary Shyamal Ghosh and three telecom firms, Bharti Cellular Ltd, Hutchison Max Pvt Ltd (now known as Vodafone India Ltd) and Sterling Cellular Ltd as accused in a chargesheet .
The court said that there are enough evidences against three who are in control of accused companies in the case.
The special CBI judge OP Saini had said, “I have gone through the copy of FIR, chargesheet, statements of witnesses and documents on record. On perusal of record, I am satisfied that there is enough incriminating material on record tp proceed against the accused persons”.
“I also further find that at relevant time Sunil Bhatri Mittal was Chairman-cum-managing Director of Bhati Cellular Limited Asim Ghosh was Managing Director of Huchison Max Telecom (p) limited and Ravi Ruia was Director in Sterling Cellular Limited who used to chair the meeting of its board. In that capacity they were/are prima facie in control of affairs of respective companies. As such they represent the directing mind and will of each company and their state of mind of the companies. They were/ are alter ego of their respective companies In this fact situation, the acts of companies are to be attributed and imputed to them. Consequently, I find enough material on record to proceed against them”, he had further said in his March 19 order.
Reacting to this Bharti Airtel Tuesday had alleged that CBI was attempting to tarnish its reputation while Essar Group said it will take appropriate legal proceedings to challenge the order.
“We would like to reiterate that Bharti Airtel Ltd. and its promoters have always practised the highest standards of corporate governance and accordingly view the Charge Sheet as an attempt to tarnish its high reputation” it had said in a statement.
It said that CBI has asserted that they have not found any evidence of conspiracy against any individual whatsoever.
“ The requests for additional spectrum allocations to improve the Quality of Service and to raise the standards of mobile telephony in India to global standards had been raised by several telecom operators and by Industry Associations since 1999/2000” Airtel had said in a statement.
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