Malaysian business tycoon T Ananda Krishnan and other foreginers accused in the Aircel-Maxis deal case who have been evading court summons and warrants today faced the heat of the Supreme Court which restrained his Maxis Group from "selling or trading" the licences of 2G spectrum.
The court said it "cannot tolerate that a person uses India's national res0urces and evades the law".
Krishnan and former Telecom Minister Dayanidhi Maran, his brother Kalanidhi Maran and five others were chargesheeted by CBI in probe related to the money trail of around Rs 600 crore allegedly used as bribe in the Aircel-Maxis deal.
Maran brothers have been accused of pressuring and coercing Chennai-based telecom promoter C Sivasankaran, who got 2G licences in 2006, to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group.
"We cannot tolerate a person using the national resources such as spectrum of India and not honouring the court notice. You (Krishnan) cannot evade the prosess of law. You must come here from Malaysia and face the law if you want to use the spectrum," a bench headed by Chief Justice J S Khehar said.
The apex court also stayed the "selling and trading in the 2G Spectrum" under its consideration which was originally granted to Aircel in 2006 and said that failure of Krishnan and other foreign accused to submit before the court of law here would entail passing of the proposed order of restraining the earning of any revenue by using the 2G spectrum licenses.
The bench also comprising Justices N V Ramana and D Y Chandrachud asked Krishnan, Malaysian national Augustus Ralph Marshall and two accused companies -- Malaysia's Maxis Communication Berhad and Astro All Asia Networl PLC -- to put in their appearance before the apex court within two weeks.
Irked over the non-execution of summons and warrants against Malaysian businessman and his firms, the apex court said that it proposes to restrain the earning of any revenue by the company from 2G spectrum licences.
"It is imperative to ensure, in our considered view, that the process of law should not be permitted to be frustrated by non-service of summons on the accused.
"In order to enforce the presence of accused Augustus Ralph Marshall, Ananda Krishna, M/s Astro All Asia Networks Limited and M/s Maxis Communications Berhad, Malaysia, we propose to restrain, earning of any revenue, by using the 2G spectrum licences, which were originally granted to M/s. Aircel Telecommunications," the bench said.
The apex court further said that the instant order is to
bring to the notice of the accused the proposed action that is likely to be taken.
The bench asked the Telecom Ministry to devise ways and means to avoid any adverse consequenses following the court's order to millions of Aircel subscribers by provisionally transferring them to some other service providers, in case the necessity to pass the proposed order arises.
It directed the Centre to publish its instant order in two leading newspapers in Malaysia and said that after the proposed order is passed, it would not be open to any of the accused to raise the objection of monetary losses.
The bench posted the matter for further hearing on February 3 and said other averments made by BJP leader Subramanian Swamy will be dealt with at a later stage.
Swamy in his petition has alleged that Foreign Investment Promotion Board (FIPB) clearances to Aircel-Maxis deal were granted illegally.
Special 2G prosecutor Anand Grover said that hearing on framing of charges in the trial court in Aircel-Maxis deal case is scheduled on January 9.
During the hearing, advocate Prashant Bhushan alleged that Maxis Group owner Ananda Krishnan was attempting to exit India after being chargesheeted by CBI for fraudulently 'force buying' Aircel for using the spectrum.
"We cannot say today that it was a fraud as there are all allegations at present but the process of law should be honoured," the apex court said and asked amicus curiae and senior advocate K K Venugopal to suggest ways as what could be done if parties refused to appear before the court.
On October 29, 2014, the special 2G court for the first time had summoned former telecom minister Dayanidhi Maran, his brother Kalanithi and six others, including Malaysian business Krishnan after taking cognisance of the CBI charge sheet.
After two summons were not executed, the special 2G court had on September 24 last year issued open ended non-bailable warrants against Krishnan and Marshall.
Besides the Maran brothers, Krishnan and Marshall, CBI has named four firms -- Sun Direct TV Pvt Ltd, Maxis Communication Berhad, Astro All Asia Network PLC and South Asia Entertainment Holding Ltd -- as accused.
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CBI had alleged in the court that Dayanidhi Maran had "pressured" and "forced" Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Maxis Group in 2006.
It had alleged that Dayanidhi, during his tenure as the telecom minister from February 2004 to May 2007, had allegedly abused his official position and showed undue favour to Krishnan-owned company in lieu of which the business tycoon bought equity subscription shares of Sun Direct TV Pvt Ltd and accused firm South Asia Entertainment Holding Ltd which were managed by the Marans.
The accused have been chargesheeted for the offences punishable under section 120-B (criminal conspiracy) of IPC and under relevant provisions of the Prevention of Corruption Act.
CBI had alleged that during his tenure, Maran had not granted telecom licences to Sivasankaran's Aircel, Aircel Cellular Ltd and Dishnet Wireless Ltd citing lack of some regulatory approvals.
Denial of licenses led to constricting business environment for Aircel but when Krishnan's Maxis Group, in connivance with Maran brothers acquired the three firms, telecom licences were granted to it by the Telecom Ministry, CBI had said.
