Essar group's Ravi Ruia has moved the Supreme Court challenging the 2G special court order summoning him to appear before it in connection with excess spectrum allocation to telcom companies.
Ruia, along with Bharti Airtel's Sunil Mittal and five others, was summoned to appear before the 2G special court on April 11.
On Mittal's plea, the apex court bench of Chief Justice Altamas Kabir and Justice Vikramajit Sen earlier asked the Central Bureau of Investigation (CBI) to place before it Wednesday all evidence it had against him.
The apex court while directing the listing of Mittal's plea April 15 asked the 2G special court not to proceed with the case till April 16.
The apex court is likely to examine on April 15 whether Mittal could be made an accused in the case and summoned by the trial court. The outcome of the apex court hearing in Mittal's case may have a bearing on the plea filed by Ruia.
Along with Mittal and Ruia, those summoned on April 11 by the special court included former telecom secretary Shyamal Ghosh and Asim Ghose, formerly with Hutchison Max Telecom now known as Vodafone India.
The trial court issued summons after taking cognizance of the charge sheet filed against Bharti Airtel, Vodafone and Sterling Cellular for the alleged irregularities.
On December 21 last year, the CBI named Ghosh and the three telecom firms as accused in the 57-page charge sheet for criminal conspiracy as also under the provisions of the Prevention of Corruption Act for causing a loss of about Rs 846 crore to the exchequer.
Sources close to the Essar Group said that the only basis for summoning Ruia to the trial court through its March 19 order was that he had chaired some of the meetings of Sterling Cellular and thus he become the 'alter-ego' and 'directing mind of the will' of the Sterling Cellular.
Disputing the position, the sources said Ruia held no executive position in Sterling Cellular and the Essar Group was only a minority shareholder of the company.