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SUNIL BHARTI MITTAL vs. CENTRAL BUREAU OF INVESTIGATION

SCR Citation: [2015] 1 S.C.R. 377
Year/Volume: 2015/ Volume 1
Date of Judgment: 09 January 2015
Petitioner: SUNIL BHARTI MITTAL
Disposal Nature: Appeal Disposed Off
Neutral Citation: 2015 INSC 18
Judgment Delivered by: Hon'ble Mr. Justice Arjan Kumar Sikri
Respondent: CENTRAL BUREAU OF INVESTIGATION
Case Type: CRIMINAL APPEAL /34/2015
Order/Judgment: Judgment
1. 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

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Scams - 2G Spectrum Scam Case
5. Equivalent citation
    Citation(s) 2015 AIR 923 = 2015 (4) SCC 609 = 2015 (4) Suppl. SCC 609 = 2015 (1) JT 258 = 2015 (1) Suppl. JT 258 = 2015 (1) SCALE 140