NEW DELHI: The special court hearing cases related to irregularities in the allocation of 2G spectrum reserved its judgment on the Central Bureau of Investigation’s plea seeking arrest warrants against Maxis Communication Bhd (this is a separate entity from the listed entity Maxis Bhd) and Astro All Asia Network Plc and the Malaysian nationals summoned as accused in the Aircel-Maxis case.
The accused included Malaysian business tycoon T. Ananda Krishnan, Malaysian national Augustus Ralph Marshall and four companies —Sun Direct TV Pvt. Ltd, Maxis Communication Berhad, South Asia Entertainment Holding Ltd. and Astro All Asia Networks Ltd.
The CBI will approach the Interpol and seek a red corner notice issued against Malaysian-based companies and individuals after the special court gives an order on arrest warrants, Senior Public Prosecutor Anand Grover informed the court.
The special court ruled last week that it has the jurisdiction to hear the Aircel-Maxis case. Special judge OP Saini dismissed all applications filed by the accused in the case and held that he can hear and treat Aircel-Maxis as a 2G case.
The CBI moved court in August seeking issuance of arrest warrants. The investigative agency told the court on Wednesday that several attempts were made to serve summons to the companies in Malaysia but none of the accused have appeared since 2014.
Grover told the special 2G court late Wednesday that the Malaysian Attorney General has asked “exhaustive questions” about Indian courts’ manner of deciding criminal cases and has sought justification on every point in the charge sheet filed by CBI.
The Aircel-Maxis case related to allegations that the then telecom minister Dayanidhi Maran had pressurised Chennai-based businessman C Sivasankaran to sell his stake in Aircel Ltd. to Maxis in 2006.
In return, the Malaysian company invested in Kalanithi Maran’s Sun Direct, the direct-to-home TV arm of his Sun TV Network Ltd.
The CBI named the Maran brothers as accused in its August 2014 chargesheet, levelling charges of criminal conspiracy, abuse of official position, and bribery.
Besides the Marans, the CBI named T Ananda Krishnan, owner of the Malaysia-based Maxis Group, Ralph Marshall, senior executive of Maxis, and four companies – Sun Direct TV, Astro All Asia Networks Ltd, Maxis Communication Bhd Malaysia, and South Asia Entertainment Holdings Ltd. Mauritius – as accused.
The special CBI court, which was set up to hear 2G scam-related cases, took cognizance of chargesheets filed by the CBI and the Enforcement Directorate earlier this year.
Special Judge OP Saini summoned the Maran brothers on the basis of ED’s chargesheet in the money-laundering case related to the Aircel-Maxis deal.The ED had claimed that Sun Direct TV Private Ltd. and South Asia FM Ltd., both controlled by Kalanithi Maran, received Rs 742.58 crore as “proceeds of crime” from Mauritius-based firms in the Aircel-Maxis deal.
Marans and other accused have filed bail applications in court. Counsels for Dayanidhi and Kalanithi Maran informed the special court that they have challenged the September 17 order that upheld its jurisdiction to hear the Aircel-Maxis case before the Delhi High Court and the Supreme Court. - BloombergQuint
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