The Enforcement Directorate (ED) on Monday withdrew from a Delhi court its plea seeking issuance of letters rogatory (lR) to Malaysia and Mauritius in the Aircel-Maxis deal case, in which former Telecom Minister Dayanidhi Maran, among others, has been named in the CBI chargesheet in the 2G scam-related cases, that its application pending before the court may be “dismissed as withdrawn” and it should be given liberty to file fresh plea, if needed, in this regard at a later stage.
“It is submitted by NK Matta, special public prosecutor, that application may be dismissed as withdrawn with liberty to file fresh one, if so desired by the applicant (ED). Prayer allowed. Application is dismissed as withdrawn with liberty to file fresh one, if deemed fit by the applicant,” the court said.
The ED’s move came days after CBI, on August 29, had filed a chargesheet in the case against eight accused, including four firms, alleging that Dayanidhi Maran had received a bribe of over Rs 700 crore for purportedly coercing Chennai-based telecom promoter C Sivasankaran to sell his company Aircel to Malaysia-based Maxis. Besides the Maran brothers, the CBI has named Malaysian business tycoon
T Ananda Krishnan, Malaysian national Augustus Ralph Marshall, who headed Maxis’ UK-based subsidiary ASTRO All Asia Network, and four firms, including Sun Direct TV Pvt ltd and Malaysia’s Maxis Communication Berhad, as accused in the case.
The other two companies named by CBI in the chargesheet are ASTRO All Asia Network PlC and South Asia Entertainment Holding ltd, which was allegedly managed by the Marans. They have been charged for the offences punishable under Section 120-B (criminal conspiracy) of IPC and under relevant provisions of the Prevention of Corruption Act.
The chargesheet was filed before the special 2G court, which had fixed it for consideration on September 11. According to the CBI, Dayanidhi Maran, during his tenure as the Telecom Minister from February 2004 to May 2007, had allegedly abused his official position and showed undue favour to Ananda Krishnan-owned company in lieu of which the business tycoon bought equity subscription shares of Sun Direct TV Pvt ltd and South Asia Entertainment Holding ltd. Besides these accused, ex-Telecom Secretary JS Sharma, who has died, has also been named in the CBI’s chargesheet. However, his name has been put in a column of the accused against whom trial cannot proceed.
The chargesheet was filed a day after the Supreme Court had turned down Dayanidhi Maran’s plea seeking to restrain CBI from filing the chargesheet, saying that investigation in the case was still going on. The CBI, in the Supreme Court, had alleged that Dayanidhi Maran had “forced” Sivasankaran to sell the stake in Aircel to Malaysian firm Maxis Group in 2006 owned by Ananda Krishnan.
According to the CBI, the Malaysian firm was favoured by Dayanidhi Maran and granted licence within six months after taking over Aircel in December 2006. Dayanidhi Maran, who has been examined by CBI, has denied all the allegations levelled against him and his family members.