Essar-Loop case: Court to hear final arguments on Dec 9

A special court today decided to hear next month the ongoing final arguments in a case arising out of the 2G scam probe in which promoters of Essar Group and Loop Telecom Limited (LTL) are facing trial. Special CBI Judge O P Saini, who was scheduled to hear the arguments today, deferred it to December 9 as the court was hearing final arguments in a separate 2G spectrum allocation case in which former Telecom Minister A Raja and 16 others are facing trial. CBI had earlier argued in the court that Essar Group was "effectively controlling" LTL which had "fraudulently and dishonestly" misrepresented facts before the Department of Telecommunications (DoT) to acquire 2G spectrum licences.

It had claimed that entire funding in this case was by Essar Group of companies and restructuring of firms was done to conceal the fact that the Group controlled LTL. Essar Group promoters Ravi Ruia and Anshuman Ruia, Loop Telecom promoters, Kiran Khaitan, her husband I P Khaitan and Essar Group Director (Strategy and Planning) Vikash Saraf are facing trial in the case, along with three telecom firms -- LTL, Loop Mobile India Ltd and Essar Tele Holdings Limited. The five individuals accused, who are out on bail, have denied the charges levelled by CBI.

The three firms have also denied these allegations. CBI had chargesheeted these accused on December 12, 2011, alleging they had cheated the DoT by using Loop Telecom as a "front" to secure 2G licences in 2008. On May 25, 2012, the court had framed charges against all the accused under section 120-B (criminal conspiracy) read with section 420 (cheating) of the IPC, while the substantive charge of cheating was made out only against Saraf.

The recording of prosecution evidence in the case had started on July 26, 2012. The court had recorded statements of 95 CBI witnesses, running into 1,056 pages, while the accused examined 12 witnesses in their defence.