SC turns down plea to restrain agency in Aircel-Maxis case
The CBI is set to file a chargesheet against Dayanidhi Maran in the Aircel-Maxis deal case on Friday after the Supreme Court on Thursday turned down a plea by the former Telecom Minister to restrain the agency, claiming that the investigation in the case was not complete.
Top CBI sources said a chargesheet is ready and it will be filed before a designated court here on Friday.
Maran’s lawyer made a desperate attempt to thwart the filing of the chargesheet. Mentioning the petition before a Bench headed by Justice Hl Dattu, senior advocate CA Sundaram said: “I have apprehension that the investigation by the CBI is not complete. All I am saying at this stage is to complete the investigation. It will otherwise have huge ramifications. It will be the death of my reputation.”
The bench, also comprising Justices SA Bobde and Abhay Manohar Sapre, dismissed the petition as being “premature”. It said, “How can you (Maran) say that charge sheet is incomplete and defective. You cannot ask us to grant a negative prayer against filing of charge sheet.”
The court was of the view that such recourse was available to the accused after the filing of charge sheet. “You can come before us later to seek quashing of charge sheet on this ground. But granting an injunction on filing of charge sheet is impermissible in law,” the court said.
Sundaram accepted the option given by the court to withdraw the petition, but claimed that the 2G special court did not have the power to hear the case relating to Aircel-Maxis deal as it had nothing to do with allotment of 2G licences issued during the period of A Raja as Telecom Minister.
CBI had started preliminary enquiry 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, S Sivasankaran was coerced to sell the stake in Aircel to Maxis Group. Soon after Maxis takeover, the licence came through.
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 licences 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 Kalanithi (owner of Sun TV) prior to the takeover of Aircel. A sum of Rs 599 crore was paid by Maxis via Astro Networks into Marans family firm Sun TV. CBI has alleged this to be “quid pro quo” in lieu of award of 14 spectrum licences.