Investigation into the Aircel-Maxis deal involving former Telecom Minister Dayanidhi Maran has hit a dead end after the CBI in its latest status report to the Supreme Court said that it had “given up” on gathering evidence due to non-cooperation by the Malaysian Government.
With a difference of opinion between the CBI Director and investigating officers to proceed with filing of charge sheet, the agency has referred the case to the Attorney General for his opinion. The SC monitoring the case has now posted the matter for hearing on August 12 hoping for AG to respond by that date.The CBI and ED submitted separate “sealed” status reports in the SC on the progress made in investigations into the Aircel-Maxis deal.The case involved favour shown by former Telecom Minister Dayanidhi Maran to Maxis in allotment of spectrum after Maxis took over Aircel. Interestingly, Aircel had failed to obtain license repeatedly when it was owned by S Tel, which later sold it to Maxis.
The cooperation by Malaysia was considered crucial in the case as Maxis is a Malaysian firm owned and controlled by Malaysian national T Ananthakrishnan, considered a corporate magnate there. The report of CBI was opened by Court after the Court echoed concerns of the petitioners represented by BJP leader Subramanian Swamy and advocate Prashant Bhushan, over delay to file charge sheet.
After going through the report, the bench of Justices Hl Dattu and KS Radhakrishnan said, “All (in the CBI) agree that investigations are complete but there is some difference of opinion for which they are seeking opinion of A-G.” Prashant Bhushan informed the Court that the CBI had been sitting on this decision for past six months as CBI Director had given an opinion to close the case as against the view of the investigating officers to proceed with filing of charge sheet.
Swamy raised yet another instance to highlight impediment faced by investigating officers in this case by informing the Court about Enforcement Directorate’s Deputy Director Rajeshwar Singh, not being allowed to probe this case. He had been on this case since the beginning and was protected by SC order directing the Centre not to transfer him till investigations are complete.
The bench ordered, “Rajeshwar Singh, Deputy Director ED is directed to continue with investigations into Aircel-Maxis along with two other I.Os till completion of trial.” Earlier, Court had put to Joint Director ED Himanshu lal, present in Court, to verify Swamy’s charge which he denied, while maintaining that Singh was IO in Aircel-Maxis case as well.The Court also directed CBI to file response to Bhushan’s fresh application demanding investigation against Tata Telecom in relation to SFIO probe against the company.