No liberty to Marans to approach HC in Airxel-Maxis deal: SC

Posted on 10th Feb 2015 by mohit kumar

New Delhi, Feb 9 (IANS) In a setback to former communication minister Dayanidhi Maran and his brother Kalanithi Maran, the Supreme Court Monday said that it has not given them any liberty to them to approach Delhi High Court challenging the 2G special court order summoning them in Aircel-Maxis deal.

"We make it very clear a we have not given any liberty to the petitioner to approach the high court or any other court except the 2G court" at the first instance, said a bench of Justice V.Gopala Gowda and Justice R. Banumathi while restoring their order passed on Friday.

The apex court in 2011 had barred Delhi High Court from entertaining any plea arising from the proceedings of the special 2G court, saying that any appeal against any order of the 2G court can only come to it.

The apex court Friday had passed an order on the plea of Maran brothers. However, in the case of Kalanithi Maran, the court had said: "Senior counsel for the petitioner seeks leave to withdraw this petition reserving liberty to the petitioner to move the high court. His submission is placed on record. In view of the abovesaid submission made by learned senior counsel for the petitioner, the writ petition is disposed of as withdrawn."

However, the order along with the one passed in the case of Dayanidhi Maran was recalled on Friday itself after Additional Solicitor General Pinky Anand told the court that the matter relating to 2G cases were listed before the court of Chief Justice H.L.Dattu "to hear and pass appropriate orders".

The court then directed its registry to place the matter before the Chief Justice for an appropriate order.

However, it later surfaced that the plea of Maran brothers was listed before the court of Justice Gowda and Justice Banumathi on the direction of Chief Justice Dattu itself. The matter was relisted for this bench.

The court, while restoring its Friday order, said that it had just recorded the statements made by the senior counsel C.A. Sundaram and L.Nageshwar Rao appearing for Dayanidhi and Kalanithi Maran respectively and had not given any liberty to the petitioners to approach the high court.

It decided to make its position "very clear" by saying "we have not given any liberty to the petitioners to approach the high court or any other court except 2G court" after senior counsel K.K.Venugopal told the court that its order could be read implying that court had granted liberty to Maran brothers to approach the high court challenging their summoning by the 2G court in Aircel-Maxis case.

While slamming shut the doors of the high court doors for the Marans, the apex court said: "First go to the 2G court... raise your issue that Aircel-Maxis matter did not fall in the ambit of 2G scam involving the cancellation of 122 licences that were granted in an arbitrary manner."

Only after the special 2G court had considered their plea and passed an order, they could approach the apex court, it added.

The Marans had moved the apex court challenging their summoning by the 2G special court after the Central Bureau of Investigation filed a charge sheet against them on their alleged role in Aircel-Maxis deal.

The Aircel-Maxis matter relates to sale of Aircel to Maxis owned by T. Ananda Krishnan in 2006 wherein Aircel's original owner C. Sivasankaran had alleged that he was pressured to sell as he was denied licences.

The CBI has alleged quid pro quo saying that in return the Malaysian company invested Rs.650 crores in Sun TV owned by the Marans.