The 2G court on Saturday issued open warrants of arrest against T Ananda Krishnan and Ralph Marshall, the owners of Maxis Group, Malaysia. Both absconding tycoons are accused in Aircel-Maxis scam along with former Telecom Minister Dayanidhi Maran. The court also ordered segregation of trial of these two persons and their two companies with other accused.
Special Judge OP Saini ordered that the trial against Maran brothers and two accused companies be segregated from that of those based in Malaysia-Krishnan, Marshall, and two firms, Astro All Asia Network PlC and Maxis Communication Berhad-saying their appearance may take long time leading to a delay in proceedings.
“It is ordered that the trial of the appearing accused, that is, Dayanidhi Maran, Kalanithi Maran, M/s Sun Direct TV Pvt ltd and M/s South Asia Entertainment Holdings ltd be segregated from the trial of accused Ralph Marshall, T Ananda Krishnan, M/s Astro All Asia Network Plc and M/s Maxis Communications Berhad...
“Miscellaneous file be opened relating these four accused, who are yet to be served. It is further ordered that an open and perpetual warrant of arrest be issued against Marshall and Krishnan,” the court said. The court’s order came on CBI’s plea which had, on August 1, sought issuance of arrest warrants against both the foreign nationals, stating that the summons issued to them could not be served. Few days back the Judge had criticised CBI for huge delays and lethargy in the case, citing the wrongs in the application filed warrant and red alert for the absconding Malaysian businessmen.
The CBI had filed the charge sheet against the eight accused for offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.
In the 27-page order, the court noted that the allegations against the accused were “serious” and the only way left was to approach the Interpol for which issuance of warrant was necessary.
“They (Marshall and Krishnan) could not be served with the summons through the normal course by resorting to Mutual legal Assistance Treaty between the two countries.Malaysian authorities have categorically declined to effect the service. In such a situation, the only way left is to approach the Interpol and for that issue of warrant is necessary...
“In such a situation when further issuance of summons would be a futile exercise, it is rightful for the prosecution to ask for warrant of arrest against the accused,” the court said while allowing the agency's plea.
Enforcement Directorate also filed chargesheet in Aircel-Maxis scam against the same persons under Prevention of Money laundering Act.
Both agencies also said in their chargesheets on the illegalities in the FIPB approval granted by former Finance Minister P Chidambaram. ED has already issued summons against Chidambaram's son Karti after finding money trail of two lakh dollars with his company Chess Management Pvt limited and Maxis. The 2G Court is expected to conduct the trial on daily basis in Aircel-Maxis scam after the delivery of judgments in ongoing three cases including the main CBI case against former Telecom Minister A.Raja. All the three cases are now in the end of Final Argument stage and Judgments are expected to be in February or March