The Supreme Court on Monday restrained DMK’s Dayanidhi Maran and his brother Kalanithi from approaching the Delhi High Court against an order of summoning them as accused in the Aircel-Maxis case.
The court said the Maran brothers could approach the 2G trial court to argue that the Aircel-Maxis case was not a part of the 2G spectrum scam and therefore it did not require to be heard by the special judge designated to adjudicate only 2G scam cases.
“We make it clear that we are not giving any liberty to petitioners to approach the Delhi High Court but the special court would decide the jurisdictional issue raised by them,” a bench of Justices V Gopala Gowda and R Banumathi said.
It added: “We are not inclined to pronounce judgement that whether it is a 2G case or not. You have to go before the Special Court and agitate there and get an order. We are bound by the judgements of this court. We can neither deviate nor differ.” The court cited its judgement in 2012 wherein it had held that no court other than the apex court would hear any appeal against the orders of the 2G trial court.
Counsel appearing for Maran contended that the Aircel-Maxis did not fall under the jurisdiction of the 2G trial court since it was not covered by the 2012 judgement whereby 122 licences for the 2G spectrum were cancelled.