Attorney-General Mukul Rohatgi has paved the way for prosecution of former Telecom Minister Dayanidhi Maran in the Aircel-Maxim deal. In his fresh opinion sent to the law Ministry on Tuesday, the AG has disagreed with the opinion of CBI Director Ranjit Sinha.
CBI had investigated and found enough evidence to prosecute Maran for favouring allotment of 2G spectrum to Malaysian firm Maxis after it took over Aircel from its owner S Sivasankaran.
Beginning from the Investigating Officer till the level of Directorate of Prosecution, the view was unanimous to chargesheet the former Telecom Minister, who was then a powerful member of the UPA-I Cabinet.
However, CBI Director Ranjit Kumar Sinha gave a contradictory opinion, leading to a difference of opinion on which an opinion of AG became mandatory.
Dealing with the case record of CBI, sources in the law Ministry said that the AG concurred with the “consistent” view expressed by the investigating officer till the top supervising officer and director of Prosecution warranting filing of a charge sheet against the former Minister. In his opinion, he is reported to have expressed the view that till November 2013 the agency was unanimous on prosecuting Maran. Relying on this fact, he rejected the opinion of CBI Director to the contrary.
CBI had started preliminary inquiry into the Aircel-Maxis deal on January 4, 2011 and on October 9 registered the FIR. CBI told the apex court in September last year that it has completed its probe against Maran. It had in July, 2011, placed a status report in the court stating that during 2004-07 when Maran was Telecom Minister, Sivasankaran was coerced to sell the stake in Aircel to Maxis Group.
The CBI found evidence against Maran on two counts. He was found guilty of showing “undue favour” to benefit Malaysian firm Maxis in award of spectrum licenses during 2004-07 and also in coercing Aircel owner Sivasankaran to sell off the company stake to Maxis.
It was prima facie revealed that Maxis owner Ralph Marshal was in constant touch with Maran and his brother (owner of Sun TV) prior to the company Aircel changed hands and a sum of Rs 599 crore was paid into Sun TV in lieu of award of 14 spectrum licenses.