Delhi High Court asks Essar, Loop to seek clarification from Supreme Court

The Delhi High Court on Tuesday asked Essar Teleholdings, Loop Telecom and the Central Bureau of Investigations (CBI) to seek a clarification from the Supreme Court whether the charges against them in the 2G scam probe should be heard by a magistrate or the special court hearing the scam.

The High Court has asked the two companies and the investigating agencty to seek clarifications from the apex court on its earlier directions to set up a special court for trial of the 2G case and no judicial fora, except it, would entertain any pleas related to the matter.

Essar Teleholdings and Loop Telecom had sought that the case against them should be moved to a magistrate's court as there was no corruption charges.

"In view of the Supreme Court orders (February 10 and April 11, 2010)... we feel that it would be appropriate for the parties to seek clarification from the Supreme Court as to whether this court can proceed with the hearing of the petitions," the court said.

"Essar has always maintained that CBI charges have nothing to do with the 2G scam, a fact also confirmed by the CBI chargesheet. The only charge against us pertains to interpretation of Clause 8 of the UASL guidelines, which being a civil matter, can only be tried by a magistrate as it is merely a contractual issue," Essar said in a statement.

"Essar has full faith in the judiciary and is confident that justice will be served," it added.