Aircel-Maxis cases: All charges dropped against Maran brothers

After the order was passed, Dayanidhi said the cases were fabricated by CBI without any evidence

A trial court on Thursday discharged former telecom minister Dayanidhi Maran, his brother Kalanithi Maran and others in the Aircel-Maxis deal cases lodged by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED). However, the order would not have any effect on the two accused Malaysian nationals — Ralph Marshall and T Ananda Krishnan — as the court had segregated the trial against them.

The order was passed by Special Judge O P Saini, who is dealing with the 2G spectrum allocation scam cases.

After the order, Dayanidhi said, “The cases were fabricated by CBI without any evidence. I had said I will prove my innocence in court. I never misused my powers as a minister. I had full confidence that justice will prevail.” Adding, “In these years, we faced a lot of intimidation. The honest person always pays. Truth has finally prevailed.” 

CBI had filed a charge sheet against the Maran brothers, Marshall, Krishnan, Sun Direct TV, UK’s Astro All Asia Networks, Malaysia’s Maxis Communications Berhad, South Asia Entertainment Holdings, and then additional secretary (telecom) J S Sarma, who died during the course of the probe.

They were chargesheeted for alleged offences punishable under Section 120-B of the Indian Penal Code and under provisions of the Prevention of Corruption Act. 

ED had chargesheeted the Maran brothers, Kalanithi’s wife Kavery Kalanithi, Managing Director of South Asia FM K Shanmugam, SAFL and Sun Direct TV, under provisions of the Prevention of Money Laundering Act.

Besides Maran brothers, the court discharged two companies — Sun Direct TV and South Asia Entertainment Holdings.

During arguments on framing of charges, Special Public Prosecutor Anand Grover had claimed that Dayanidhi had “pressurised” Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary firms to the Maxis Group in 2006.

The charges were refuted by Dayanidhi. All the accused had denied the allegations and had moved bail pleas.

The court had summoned the six accused after taking cognisance of the ED’s charge sheet, saying there was “enough incriminating material” to proceed against them.

While arguing on the issue of framing of charges against him, Dayanidhi had claimed that during the time period in which the alleged crime was committed, Sivasankaran was in talks with several companies to sell stakes in Aircel.

It was only in October 2005 that the business transaction between Aircel and Maxis was finalised, his counsel had said. His brother, Kalanithi, had also argued that CBI’s claims were false.

The court had on September 24, 2016 issued open warrants of arrest against Krishnan and Marshall on CBI’s plea, stating that summons issued to them could not be served.

During the arguments earlier, ED’s special prosecutor N K Matta had 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, through various Mauritius-based entities.

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 then 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.