The Supreme Court on Tuesday nixed Essar promoter Ravikant Ruia’s plan to travel abroad on the apprehension that he may never return to India to face the final verdict in the 2G spectrum scam, expected to be delivered early next year. Ruia is facing trial in a cheating case linked to the 2G scam.
The Bench of Justices Jagdish S Khehar and Arun Mishra turned down Ruia’s application for permission to travel to london, the US, Canada and France in connection with his business interests. The Bench refused to take any chances because of experiences of the past. liquor baron Vijay Mallya's flight from India is a case in point.
Without naming Mallya, the Bench said, “Once, we allowed a man to go. He was a person as good as you, perhaps richer, and now he refuses to come. Nobody comes, nobody pays. We are very put off by undertakings given to us. They don’t come back. We don’t want to take chances anymore.”
Senior advocate Abhishek Manu Singhvi, who appeared for Ruia, said that the two cases cannot be compared as his client was allowed to go 43 times in the past and not once did he violate any condition laid down by the court. Moreover, right to travel abroad is a fundamental right under Article 21 which stands on a higher footing. It should be available to a person who has a good track record and has genuine business interests, Singhvi submitted.
Appearing for the CBI, 2G Special Public Prosecutor Anand Grover opposed Ruia's plea, saying, "Ravikant Ruia wants to be an exceptional person. He does not give details of his itinerary. Moreover, he is a non-resident Indian holding a British passport. How do we ensure he comes backIJ"
Grover said that the trial in the 2G case was near completion and one can expect the judgment before February next year. "The UK Government does not accept a double prisoner agreement. So offences leveled here are not treated as offences there. If he decides to stay abroad, there is no way to bring him back," said the 2G senior prosecutor.
The Bench also noted that all assets shown by Ruia were of businesses abroad with no information on domestic assets. The Bench asked Singhvi, "Our access is to your assets in India and not in the UK, the US, Canada. You say that your assets in India are sold out."
Singhvi said that his client was willing to undertake by giving personal surety by his brother Shashikant Ruia, joint promoter of Essar. "My brother is even willing to go to jail if there is any violation." The bench dismissed the suggestion as "ridiculous" and said, "Once bitten (twice shy), we do not want to repeat our mistake. We don't want to take chances anymore."