Essar Pleased with Deferment as Jurisdiction Issue
OREANDA-NEWS. January 30, 2012. Essar pleased with deferment as jurisdiction issue is coming up in Hon’ble Delhi HC on 16th of February 2012.
CBI today confirmed in the court that there is no PC Act and no involvement of any public servant, admits agency was in a quandary regarding jurisdiction
Charge-sheet relates only to alleged violation of Clause 8 of the UASL guidelines and nothing to do with the 2G scam
Guideline violation is contractual issue, only a civil matter, no justification for any criminal action. No such action taken against any other telecom company under similar allegations
Fresh summons to be issued
Essar is and has always been in full compliance with Clause 8 terms of the guidelines
Mumbai /
The
Essar is contesting the jurisdiction of the Hon’ble Special court to proceed with this matter as there are no corruption charges against it and it is not part of the 2G scam.
The Special Public Prosecutor representing the Central Bureau of Investigation in court today said that there are no charges against Essar under the Prevention of Corruption Act and no mala fide of public officials and further said that the investigating machinery was itself in a quandary as regards jurisdiction.
While fresh summons are to be issued Essar reiterates it is a law abiding corporate and has cooperated fully with the investigation in the case. The due legal process of serving summons to overseas residents is well documented in law and by the government and CBI despite having information about the residential status of Ruias have failed to inform the court and follow the due process
The only charge alleged against Essar pertains to the interpretation of Clause 8 of the UASL guidelines which at best is a contract issue and a civil matter and no criminal action was warranted. No such action has been taken against any other telecom company under similar allegations.
Essar has always been in full compliance with the UASL guidelines and other license agreements. Essar’s shareholding in
The UASL guidelines themselves prescribe the consequences of any breach, which is a monetary penalty or at worst a cancellation of license. There is absolutely no justification for launch of criminal proceedings on this basis of an alleged breach of a contract. This should have been dealt with as a civil matter.
Essar would take all measures at its disposal to protect its reputation, good will and business interests, while cooperating fully with the legal process within the framework of law.
Комментарии