A Delhi court on Thursday dismissed the plea by Loop Telecom Limited seeking directions for referring the matter to Lok Adalat for “settlement” in a case arising out of the 2G scam probe.
“Your application is dismissed,” Special CBI Judge O.P. Saini said.
The court had fixed the matter for orders after hearing the arguments advanced by Loop Telecom, CBI and Department of Telecommunication (DoT) on the issue.
During the arguments, CBI had said they were opposing the plea filed by Loop Telecom but the probe agency would abide by the order passed by the court. The DoT too had said that the department was not a party to the case and they would abide by the court order.
Loop Telecom Ltd (LTL) had argued that the company was facing trial for the alleged offence under section 420 (cheating) read with 120—B (criminal conspiracy) and these offences are compoundable.
The plea was filed after LTL, charge sheeted by CBI along with promoters of Essar Group and Loop Telecom, had approached the court for an appropriate direction to the Centre for compounding the case in Lok Adalat.
Lok Adalat is an alternative dispute resolution mechanism by which the parties involved in civil and compoundable criminal cases try to arrive at a compromise to settle their case.
If the concerned parties do not arrive at a compromise, the matter is remanded back to the court for disposal. As per the provisions of the Code of Criminal Procedure (CrPC), offence under section 420(cheating) of the IPC is compoundable if both the complainant and the accused arrive at a mutual consent.
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 firms — LTL, Loop Mobile India Ltd and Essar Tele Holding Ltd.
All of them have denied the charges levelled by CBI.
CBI had filed the charge sheet against them alleging they had cheated DoT by using Loop Telecom as a “front” to secure 2G licences in 2008.