New Delhi, Apr 9 : The Supreme Court on Monday postponed till April 16 the proceedings in the Special CBI court against Sunil Bharti Mittal, CMD of Bharti Cellular Limited, who has been summoned as an accused in a corruption case related to allocation of additional 2G spectrum in 2002.
CBI, which told the apex court that investigation into the case has "found evidence against the CMD", was asked to file a short affidavit along with the police report, i.E the charge sheet by Thursday.
"In the meantine, hearing before the Special Judge/CBI (2G spectrum cases), New Delhi will be postponed till Tuesday (April 16)," a bench headed by Chief Justice Altamas Kabir said.
The bench said Mittal will file the rejoinder to the CBI affidavit by Saturday and the matter will be heard by it on April 15.
The day's proceedings began with the bench, also comprising justices A R Dave and Vikramajit Sen, asking the CBI as to how Mittal has been summoned as an accused when his name was not there in the charge sheet.
Mittal's counsel and senior advocate Harish Salve dubbed the order of Special CBI judge O P Saini as a "complete misdirection of law".
However, senior advocate K K Venugopal, appearing for the CBI, said the court has a power under section 319 of the CrPC to proceed against other persons, not named as accused in charge sheet, appearing to be guilty of the offence.
He said along with the charge sheet, statements recorded during the probe has been annexed and the special court took cognizance of them to summon Mittal as an accused in the case.
The bench raised questions including "why in the charge sheet the names of those persons (Mittal and others) were not mentioned at all".
During the hearing, the bench said the magistrate (special court) is free to proceed against the person not named in the charge sheet if there are material against him.
Venugopal said that in the case in hand, the probe by the "investigating officer had found evidence against the CMD".
"Investigation report said that CMD Airtel has to be prosecuted," he told the bench which wanted to know "why didn't they proceed to make him accused".
Venugopal said after the investigation was completed there was a difference of opinion between the Director (Prosecution) and CBI Director in mentioning those named in the FIR as an accused in the charge sheet.
He said since Attorney General G E Vahanvati, whose opinion was sought, preferred not to give his view on the issue, another bench of Justices G S Singhvi and K S Radhakrishnan left it to the Special CBI judge to decide on the issue.
Venugopal said the issue raised here by Mittal can be argued before the Special CBI court as charges have not been framed as yet.
Meanwhile, the bench declined to give hearing to NGO, Telecom Watchdog, by telling its counsel Prashant Bhushan that it did not have the locus standi.
"You have no locus standi. When you make an application we will consider. Otherwise hundreds of people will come from roads," the bench said.
However, it agreed to hear the appeal filed by the NGO against the order of the Special Court dismissing its plea for directing CBI to prosecute Mittal as an accused in the case on the grounds of locus standi.
