Essar, Airtel Regret Summons in 2G Case

The Essar Group said at the relevant time, it was a minority partner in the telecom venture and that the day-to-day management was effectively in the hands of directors and employees nominated by the Hutchison Group.

Special Central Bureau of Investigation (CBI) Judge O.P. Saini issued the summons for April 11 after taking cognizance of the charges against Bharti Airtel, Vodafone and Sterling Cellular for the alleged irregularities.

Last year, the CBI had named the three telecom firms, apart from others, as accused for criminal conspiracy, as also under the provisions of the Prevention of Corruption Act, for causing a loss of about 846 crore to the exchequer.

The agency told the court that additional spectrum was allotted 2002, to Bharti Cellular (now Bharti Airtel) and Sterling Cellular (now Vodafone Mobile Service) for the Delhi metro area, and Hutchison Max (now Vodafone India) for Mumbai metro area.

The late Bharatiya Janata Party leader Pramod Mahajan was the telecom minister then.

The judge said Sunil Mittal was chairman-cum-managing director of Bharti and Ruia a director in Sterling Cellular - and that they were all prima facie in control of affairs of the respective companies.

"As such they represent the directing mind and will of each company and their state of mind is the state of mind of the companies. "They are/were the 'alter-ego' of their respective companies," judge Saini said.

"In this fact/situation, the acts of the companies are to be attributed and imputed to them. Consequently, I find enough material on record to proceed against them."

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