Dayanidhi Maran, brother and others discharged in Aircel Maxis deal case

Former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and others were discharged by a special court on Thursday in Aircel Maxis deal case lodged by Central Bureau of Investigation and Enforcement Directorate.

Maran was accused of forcing the Aircel owner to sell the firm to a Malaysian company which allegedly paid Maran a huge kickback.All the accused had denied the allegations against them made by the investigating agencies.

“Dayanidhi’s letter to brother is not indicative of conspiracy and there is not enough ground to charge Maran brother,” the court said.

However, today's order would not have any effect on the two accused Malaysian nationals -- Ralph Marshall and T Ananda Krishnan -- as the court has already segregated the trial against them from that of Maran brothers.

The order was passed by Special Judge O P Saini who is exclusively dealing with the 2G spectrum allocation scam cases and the cases arising out of the investigation into it.

During the arguments on the framing of charge, 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 Malaysian firm Maxis Group in 2006. The charge was strongly refuted by Dayanidhi.

CBI had filed a 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, M/s South Asia Entertainment Holdings Ltd, Malaysia and then Additional Secretary (Telecom) J S Sarma, who died in 2014.

They were chargesheeted for alleged offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.

In the money laundering case, ED has chargesheeted as accused the Maran brothers, Kalanithi's wife Kavery, Managing Director of South Asia FM Ltd (SAFL) K Shanmugam, SAFL and Sun Direct TV Pvt Ltd (SDTPL) under provisions of the Prevention of Money Laundering Act (PMLA).

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

It was only in October 2005, the business transaction between Aircel and Maxis was finalised, his counsel had said.

Claming that he was being falsely implicated in the case, Dayanidhi’s brother Kalanithi had also refuted CBI's claim, saying the complainant was himself eager for the business.

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.

ED had also claimed that Kalanithi was controlling both SDTPL and SAFL, where the money was infused through Mauritius- based companies.