Aircel-Maxis case: Court reserves order on ED charge sheet

A special court today reserved for February 27 its order on the issue of taking cognisance on the ED's charge sheet filed against ex-Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and four others in a money laundering case related to the Aircel-Maxis deal.
The court fixed the matter for order after Enforcement Directorate (ED) completed arguments on the point of summoning Maran brothers, Kalanithi's wife Kavery Kalanithi,K Shanmugam, Managing Director of South Asia FM Ltd (SAFL), and two firms SAFL and Sun Direct TV Pvt Ltd (SDTPL) as accused in the case.
ED has chargesheeted the six accused under provisions of the Prevention of Money Laundering Act (PMLA).

During arguments earlier, ED's special prosecutor N K Matta had claimed before Special Judge O P Saini 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 Maran, respectively through various Mauritius-based entities.
The 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 claimed 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 alleged that Kalanithi was controlling both SDTPL and SAFL, where the money was infused through Mauritius-based companies.
In August 2014, the CBI too had chargesheeted the Maran brothers, 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 Network PLC -- in the case.

CBI had alleged that Dayanidhi had "pressurised" and "forced" Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary companies to Malaysian firm Maxis Group in 2006.
The court's order on jurisdiction issue had come as it
dismissed the pleas of the Maran brothers and other accused challenging jurisdiction of the special 2G court to try two cases filed by CBI and Enforcement Directorate in the Aircel- Maxis deal, claiming that these matters did not directly or indirectly fall into the category of 2G spectrum cases.
CBI had filed charge sheet against the Maran brothers, Ralph Marshall, T Ananda Krishnan, M/s Sun Direct TV (P) Ltd, M/s Astro All Asia Networks Plc, UK, M/s Maxis Communications Berhad, Malaysia, and M/s South Asia Entertainment Holdings Ltd, Malaysia and then Additional Secretary(Telecommunication) late Dr J S Sarma.

They 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.
All the accused persons have also moved bail pleas which are pending before the court.
The court had on September 24, issued open warrants of arrest against Krishnan and Marshall on CBI's plea stating that summons issued to them could not be served.
The court had also ordered that the trial against Maran brothers and two accused companies be segregated from that of those based in Malaysia -- Krishnan, Marshall, and two firms, Astro All Asia Network PLC and Maxis Communication Berhad, saying their appearance may take a long time which may lead to a delay in the proceedings.