Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scams - 2G Spectrum Scam Case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Scams — 2G Spectrum Scam Case — Summoning of appellants not implicated as accused persons in the charge sheet by CBI - Sustainability of - Policy decision of the Government to allocate additional spectrum, extending benefit to all Cellular Operating Companies including Pubic Sector Companies like MTNL and BSNL etc. — Allegation of irregularities in the grant of additional spectrum against the public servants and three cellular companies, which caused revenue loss to Government Exchequer — Registration of case by CBi — Charge sheet filed by CBI naming one public servant and three cellular companies ~ Order passed by the Special Judge, CB! whereby appellants-chairpersons and managing director of the respective cellular companies not implicated as accused persons in the charge-sheet by CBI, summoned by Special Judge since they represented the directing mind and will of each company, they are/were treated as ‘alter ego’ of their respective companies and the acts of the companies could be attributed and imputed to them — On appeal, held: Principle of ‘alter ego’ is that if the person or group of persons who control the affairs of the company commit an offence with a criminal intent, their criminality can be imputed to the company as well as they are “alter ego” of the company — However, the said principle is applied in an exactly reverse scenario and would run contrary to the principle of vicarious liability - While issuing summons against the appellants, Special Magistrate took shelter under |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 18 |
Petitioner | Sunil Bharti Mittal |
Respondent | Central Bureau Of Investigation |
SCR | [2015] 1 S.C.R. 377 |
Judgement Date | 2015-01-09 |
Case Number | 34 |
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