2G spectrum scam: Ruias, Khaitans skip court appearance

The Ruias and Khaitans, who are the promoters of Essar and Loop respectively, have ignored a summons to appear in the Delhi court that's handling the trial of the telecom scam.  

Lawyers who are representing their companies, though not the individuals themselves, said they had not been served summons at their official residences in Dubai- the four promoters of loop and Essar are NRIs or non-resident Indians. 

Their companies have been accused by the CBI of criminal conspiracy; Essar allegedly used Loop as a front in 2008 to acquire more licenses and spectrum than legally permissible.

The telecom scam centers on whether some of India's biggest companies conspired with politicians and bureaucrats to buy mobile network licenses and spectrum or airwaves as throwaway prices.

Ravi Ruia and Anshuman Ruia, the promoters of Essar; I P Khaitan and Kiran Khaitan, the promoters of Loop Telecom; and Vikas Saraf, Director (Strategy and Planning), Essar, along with their companies, were asked to appear in Judge OP Saini's court today.  

Lawyers defending their companies argued that the Central Bureau of Investigation (CBI), which is probing the case, did not follow the proper procedure while issuing the summons. The law clearly lays down that the summons should be sent to the place where the person resides, they said.

The CBI counsel, however, said that the lawyers’ presence in court showed that the summons were properly served. The respondents were simply being evasive, he said. He maintained that the promoters had given their Delhi addresses to the officer who was investigating the case. This was mentioned in the statements they had recorded as well, he argued.

Lawyers for Loop and Essar also pointed out that their clients have asked the Delhi High Court to decide whether Judge OP Saini's court has the jurisdiction to hear this case.

Mr Saraf’s lawyer informed the court that his client had been posted abroad and he needed four weeks’ time to appear.

The CBI alleges that in 2008, when A Raja, now in jail, was Telecom Minister, Essar used Loop as a proxy. Guidelines forbid a telecom from owning more than 10% stake in another operator that services the same area. In 2008, Essar had a 33% stake in Vodafone, and owned a substantial chunk of Loop, says the CBI.

Representatives for both companies had confirmed earlier this month that the promoters are currently in Dubai, and say there is no attempt to dodge the legal proceedings against them. CBI sources, however, say the agency may ask for their passports to be cancelled.