The CBI on Wednesday pleaded with the Supreme Court not to quash the trial court's order making Bharti Cellular Ltd CMD Sunil Mittal and Essar group promoter Ravi Ruia as accused in the additional 2G spectrum allocation scam during NDA's tenure.
The agency supported the reasoning of the trial court's order which had made the corporate honchos accused saying that they were "directing mind and will" of the companies which benefited because of "illegal" allocation of spectrum causing loss to public exchequer.
In separate affidavits filed before the apex court on the petitions of Mittal and Ruia, CBI said companies - Bharti Cellular Ltd, Hutchison Max Telecom Pvt Ltd (now known as Vodafone India Ltd) and Sterling Cellular Ltd (now known as Vodafone Mobile Service Ltd) - cumulatatively benefited by Rs 846.44 crore and caused loss to the exchequer due to additional spectrum "illegally" allotted to them when Pramod Mahajan was at the helm of affairs in the Ministry.
Supporting the special CBI court's decision to make them accused, the agency said the Judge had passed the order after being satisfied that there is enough material against them and contended they should defend themselves before the same court which had issued summons to them.
It also countered the plea of Mittal and Ruia that they cannot be prosecuted for the "wrong" committed by the companies saying the directors of a company may be made accused upon prima facie satisfaction that they are at the helm of affairs when a corporate entity commits a criminal act.
The affidavits were filed in compliance with the April 26 order of the apex court directing the agency to file response on the plea of Mittal and Ruia challenging the trial court order summoning them as accused in the case despite not being named in the chargesheet.
On March 19, Mittal and six others were summoned as accused by a special CBI court which said there was "enough material" to proceed against them in the case.