Aircel Maxis case based on misreading of official files, says special 2G court

New Delhi: A special CBI court in New Delhi on February 2, presiding over the 2G Spectrum Case, discharged all the accused including former
Telecom minister Dayanidhi Maran and brother Kalanithi Maran in the Aircel-Maxis case.

The CBI had filed a chargesheet before the 2G Court in August 2014 against Dayanidhi, his brother Kalanithi Maran, Maxis Communications Bhd, Astro All Asia Networks Limited, Sun Direct TV Pvt. Ltd. South Asia Entertainment Holdings Limited ("SAEHL"), T A Krishnan and Ralph Marshall. The CBI had registered a complaint in 2011 and the investigation  was monitored by the Supreme Court as part of the 2G cases.

"The entire case is based on the misreading of the official files, contradictory statements of the witnesses as well as speculations and
surmises of C Sivasankaran. I have no hesitation in recording no prima facie case warranting framing of charge against any of the
accused is made out,'' the judge said.

In its 424-page verdict, the 2G Special Court Judge O P Saini heard arguments on framing of charges between October and November 2016.

The judgment pointed out Dayanidhi Maran or his wife Priya Dayanidhi had no stake in Sun Direct TV (P) Limited or South Asia FM
Limited. "However, in the eyes of law, these grounds themselves are not enough to connect the money received in the company of
Kalanithi Maran to Dayanidhi Maran. The three simple and ordinary facts that they are real brothers or that both are shareholders in
some companies or that Dayanidhi may indicate their close association but nothing beyond that.

These may create a perception or a suspicion that the money received in the company of Kalanithi Maran was meant for Dayanidhi
Maran, but perception or suspicion are not enough for criminal prosecution. The perception or suspicion is required to be investigated and supported by legally admissible evidence, which is wholly lacking in this case,'' it said.

The CBI had made out the charge that Dayanidhi Maran, abusing his position as Minister of Communications and Information
Technology, had deliberately delayed grant of licenses in 7 telecom circles and other approvals and permissions on various issues sought by Aircel Televentures Limited and which were pending before Department of Telecommunications ("DoT").  Aircel was then owned by one C Sivasankaran. The sale of these companies held by Sivasankaran to Maxis, a Malaysian company was with the
intervention of Dayanidhi Maran and his brother Kalanithi Maran. For these favours and as a quid pro quo, an illegal gratification was paid by Astro by acquiring shares (through SAEHL) to Sun Direct at a premium of Rs. 69.57 per share for a total sum of Rs. 549 crore, the CBI alleged.

For law firm Shardul Amarchand Mangldas (SAM) was represented by partner Pallavi Shroff, Siddharth Luthra for SAEHL (a subsidiary of Astro) before the 2G Court while Anand Grover represented the CBI and Kapil Sibal for Kalanithi, A M Singhvi for Dayanidhi.