Delhi HC appears disinclined to interfere in Aircel-Maxis case

Says the matter is sub-judice in a competent court

The Delhi High Court on Friday appeared disinclined to interfere in Aircel-Maxis case involving former Union minister Dayanidhi Maran, saying the matter was sub-judice in a competent court.

A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal expressed this view while reserving its order on a PIL for directions to CBI to move the trial court for "attachment and forfeiture of shares and all the assets of Aircel Ltd", as held by Maxis and its subsidiaries.

During the brief hearing, advocate Amit Khemka, appearing for the petitioner society, said if the High Court was not going to interfere then he be given liberty to approach the trial court which be directed to hear him.

The bench, however, said it will not say so and asked him to take appropriate remedies under the law.

"The matter is sub-judice. It is being heard by competent court. We will not interfere in the matter when it is sub-judice," the bench said.

To this the lawyer said he will not be heard by trial court and further argued that CBI was not implementing the law by not going after some of the accused in the case.

The bench then said it will consider the issues raised in the plea and will pass orders.

"Judgement reserved," it said.

The petitioner, Society for Consumers and Investors Protection (SCIP), has sought directions to CBI to make several subsidiary companies of Maxis Communications as accused in the Aircel-Maxis case, which arose out of the 2G spectrum allocation scam.

Apart from that, the society has sought directions to the Department of Telecommunications, Sebi, Trai and Foreign Investment Promotion Board to set aside the approvals granted to Reliance Communications Ltd for a merger of its wireless business with that of Aircel.

It has also sought setting aside of the approvals granted to Bharti Airtel for acquisition of 4G spectrum of Aircel.

The society, in its plea, has urged the court to direct the authorities to not grant any further permission for transfer of any spectrum or shares held by Aircel or for change of its management or shareholding pattern till all the accused in the case submit themselves before the special CBI court.

The petition also seeks directions to Enforcement Directorate (ED) to immediately institute a probe under the Prevention of Money Laundering Act (PMLA) in respect of the shares and all other valuable assets of Aircel and the property obtained as a result of the Aircel-Maxis deal.

It has alleged that "the accused persons are in the process of liquidating their holdings in Aircel Ltd and its subsidiaries by merging the same with Reliance Communications Ltd and selling its assets to Bharti Airtel and running away".