Aircel-Maxis case: CBI seeks arrest warrant against 2 accused 

New Delhi: The CBI on Monday approached a special court seeking issuance of arrest warrant against two Malaysia- based accused in Aircel-Maxis deal case involving ex-Telecom Minister Dayanidhi Maran and his brother Kalanithi Maran.

The probe agency moved the application before special judge O P Saini stating that the summons issued to Malaysian business tycoon T Ananda Krishnan and Malaysian national Augustus Ralph Marshall could not be served upon them.

Besides Maran brothers, Krishnan and Marshall, the court had summoned four companies -- Sun Direct TV Pvt Ltd, Maxis Communication Berhad, South Asia Entertainment Holding Ltd and Astro All Asia Network PLC -- as accused in the CBI’s case.

The court had earlier issued summons to accused while taking cognisance of Enforcement Directorate’s (ED) charge sheet against the six accused under the provisions of the Prevention of Money Laundering Act (PMLA)

During the day’s hearing, Marans also challenged the jurisdiction of special 2G court to try the Aircel-Maxis deal- related money laundering case, stating that it was not part of the 2G spectrum scam and cannot be heard by the designated judge who has been nominated to exclusively deal with cases arising out of the 2G scam.

The court had earlier issued summons to accused while taking cognisance of Enforcement Directorate’s (ED) charge sheet against the six accused under the provisions of the Prevention of Money Laundering Act (PMLA).

It had said that there was enough incriminating material to proceed against the accused. Meanwhile, the ED today opposed the bail plea of Maran brothers in the case citing that the money laundering aspect is still being probed and the possibility of tampering with the evidence and influencing witnesses may not be ruled out.

It is submitted that possibility of hampering the investigation and tampering with the evidence by the applicant may not be ruled out in the investigation, ED said, adding that the bail application deserved to be rejected.

The court has put up both the matters for hearing on August 27. In the money-laundering case, ED had summoned Maran brothers, Krishnan and Marshall and two firms SAFL and Sun Direct TV Pvt Ltd (SDTPL) as accused in case.

In CBI’s case, the accused were chargesheeted for the offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.

On August 29 last year, the CBI had filed the charge sheet in the case containing the names of 151 prosecution witnesses and a set of 655 documents, on which it has relied upon during its probe.

CBI had alleged in the court that Dayanidhi had pressured and forced Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group in 2006.

In ED’s case, its prosecutor N K Matta had earlier claimed that there were money transactions which allegedly showed that SDTPL and SAFL had received Rs 742.58 crore as proceeds of crime from Mauritius-based firms in the Aircel-Maxis deal.

The agency had claimed that proceeds of crime amounting to Rs 549.03 crore and Rs 193.55 crore were received by SDTPL and SAFL, allegedly controlled by co-accused Kalanithi, respectively through various Mauritius-based entities.

The ED prosecutor had referred to the details of money transactions between these firms and alleged that SDTPL had received Rs 549.03 crore from Mauritius-based firm M/s South Asia Entertainment Holding Ltd. ED had earlier alleged before the court that Dayanidhi had generated funds worth Rs 742.58 crore through illegal means and there was sufficient prima facie material to proceed against him and other accused in the case.

It had alleged that Dayanidhi had obtained illegal gratification of Rs 742.58 crore and the money was parked in the firms of Kalanithi by projecting it as untainted. ED had also claimed that Kalanithi was controlling both SDTPL and SAFL, where the money was infused through Mauritius -based companies.

PTI