NEW DELHI: The Supreme Court on Friday set aside the lower court order summoning as accused Bharti Airtel CMD Sunil Bharti Mittal and Essar Group promoter Ravi Ruia in the 2G spectrum allocation case.
However, the trial judge is at liberty to summon them at any stage if material on record is found, the apex court said. The trial court
The Supreme Court said that trial court wrongly applied the legal principle while summoning Mittal and Ruia as accused. However, the SC gave the liberty to the special CBI judge to summon them at any stage if material on record is found.
Both Mittal and Ruia had argued that the trial court had used the Company’s alleged role to fasten vicarious liability on the directors whereas the correct legal position was to fasten vicarious liability of a director’s role on company.
The SC appeared to agree with the legal arguments of Mittal and Ruia while quashing the trial court’s decision to make them as accused in the case.
TOI | Jan 9, 2015
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