The CBI on Friday chargesheeted former Telecom Minister Dayanidhi Maran and his brother Kalanidhi, Maxis owner Ananda Krishnan, one other individual and four entities, for criminal conspiracy, graft and abuse of official position for allegedly “constricting” the business environment of Aircel on frivolous grounds to force its exit from the telecom business and its sale to Malaysian firm Maxis.
Investigations revealed that the then Telecom Minister Dayanidhi Maran had delayed grant of license to Aircel on frivolous grounds and arm-twisted it to sell its business to the Malaysia-based company, Maxis, the CBI alleged in its chargesheet.
It further said: “After the change of ownership, the requests/approvals pending since long before the Department of Telecommunications were acceded to, for which alleged illegal gratification of Rs549 crore (approximately) was paid by the UK-based company (Astro All Asia Networks Plc) to Chennai-based TV Company (Sun Direct TV Pvt. ltd owned by the Marans) in the garb of purchase of its shares at a premium of Rs69.57 per share through its subsidiary the Mauritius-based company (South Asia Entertai-nment Holding ltd, Mauritius).”
The agency further alleged that Astro also paid an illegal gratification of about Rs193.54 crore to Chennai-based South Asia FM ltd through its Mauritius-based subsidiaries South Asia Multimedia Techn-ologies ltd and South Asia Technologies ltd. Maxis and its subsidiaries are alleged to have paid a bribe to the tune of Rs629-crore to Sun TV owned by the Marans.
The alleged irregularity is in the grant of FIPB approval during then Union Finance Minister P Chidambaram’s term to Mauritius-based company Global Communication Services Holdings ltd, a subsidiary company of Maxis, and the role of the Indian partner company of Chennai Sindya Securities and Investments Pvt ltd in holding under 26 per cent equity, the CBI told the designated court through its chargesheet.
The court has fixed September 11 as the date for taking cognizance of the chargesheet. After taking cognizance of the chargesheet, the court is likely to issue “process” under the provisions of the Mutual legal Assistance Treaty and summons or warrants can be issued against the accused foreign nationals and entities through diplomatic channels, a CBI official explained.
Besides the Marans, the agency has chargesheeted Malaysian business tycoon T Ananda Krishnan of Maxis and its top executive A Ralph Marshall. The four companies named in the chargesheet include Sun Direct TV Pvt ltd, Malaysia’s Maxis Communication, Astro All Asia Network and South Asia Entertainment Holdings, Malaysia.
late Telecom Secretary JS Sharma, has also been named in the chargesheet. However, his name has been put in a column of the accused against whom trial cannot proceed. The CBI has relied on the evidence gathered through letters Rogatory from UK and Mauritius.
While the issue of quid pro quo has been investigated culminating in a chargesheet, the issue of coercion by Marans is still being investigated and an additional chargesheet will be filed after sufficient material is gathered, the official added.
The CBI had lodged the case on October 9, 2011 after the conclusion of a Preliminary Enquiry that was registered on January 4, 2011 following a Supreme Court directive.