Mallya effect: Supreme Court refuses Ruia's foreign travel

Sending a strong message to big personalities taking the advantage of legal process, the Supreme Court on Tuesday observed that "we have had a bad experience" in past and rejected the plea of Essar Group promoter Ravi Ruia, facing trial in 2G case, seeking permission to travel abroad for business.

"We don't want to take chances now.We have allowed a person to go abroad but he never came back. He was no less big than you in monetary terms. We are now once bitten twice shy. We are not going to give liberty to anyone," a bench of Justices J S Khehar said without referring to any particular individual.

The apex court dismissed the petition of Ruia who wanted to visit UK, US, Canada and UAE for business purposes.

The bench also rejected the submission made by Ruia's counsel Abhishek Manu Singhvi that his client is ready to give an undertaking before the court.

"We are sick and tired of such undertakings given by the counsels, and then your clients say we are not coming back. You can go to hell," the bench said, apparently referring to the Vijay Mallya.

Senior advocate Abhishek Manu Singhvi, appearing for Ruia, said he cannot be allowed to suffer "if some Mr X has cheated the court".

To this, the bench said, "it is because you are also similarly situated."

"He has also given the details of his assets and undertaking, but now he says I have sold my assets in India," the bench said.

It said the final arguments in the case were over and judgement was awaited, and in such a scenario it cannot allow Ruia to go abroad.

Singhvi said Ruia is an NRI, holds a residency visa of UAE and has visited abroad 43 times for several reasons during the pendency of trial but never ever violated the bail conditions.

While giving details of Ruia's businesses in the UK, the US, Canada and Saudi Arabia, the senior advocate said his elder brother could stand surety for his return and can even go to jail if he does not return.

"Give us details of your businesses in India. We have access to your assets in India, not abroad," the bench said.

Ruia is an accused for co-conspiracy in the case arising out of 2G scam and facing charges under section 420 of IPC and not Prevention of Corruption Act (PCA).

Special Public Prosecutor Senior advocate Anand Grover opposed Ruia's plea and said he always wanted to be an exception and never followed the norms of giving details of his itinerary.

Grover said Ruia "always believed himself to be an exceptional case. He doesn't want to give any documents and reasons for travelling abroad. He cannot be allowed to become an exception."

Opposing the plea, the senior lawyer said Ruia has never told what relation he has with Essar and always wanted to be treated differentially with other accused.

Essar Group promoters Ravi and Anshuman Ruia, Loop Telecom promoters Kiran Khaitan, her husband I P Khaitan and Vikash Saraf are facing trial in the case, along with three telecom firms -- Loop Telecom Ltd, Loop Mobile India Ltd and Essar Tele Holdings Ltd.

They have allegedly cheated the DoT by using Loop Telecom as a "front" to secure 2G licences in 2008.

They are facing trial under Section 120-B (criminal conspiracy) read with Section 420 (cheating) of the IPC.