Aircel-Maxis deal case, in which former Union telecom minister Dayanidhi Maran, his brother Kalanithi and others are accused, will be tried by the special 2G court and not by any ordinary trial court.
The Supreme Court on Monday dismissed a batch of petitions challenging the jurisdiction of the special 2G court to try the case on the ground that it was not an off-shoot of the 2G spectrum scam.
A bench of Justices JS Khehar and Arun Mishra also rejected one of the petitions of South Asia Entertainment Holding Ltd, an accused in the case, in which it had claimed that Aircel-Maxis case was not related to 2G spectrum scam. During the hearing, senior advocate Kapil Sibal, who was appearing for the firm, argued that “procedural right” of the accused to approach the high court against the interlocutory order of the special 2G court must be kept intact.
“I (firm) am not an accused in the 2G spectrum case. I have no problem in being tried by the special court but this is not a 2G scam case and my procedural right must be kept intact,” he told the bench.
Sibal said the apex court had ruled that any appeal against an interlocutory order of the special court in 2G case would be heard only by the Supreme Court and the firm cannot be deprived of its procedural right to approach high court.
Countering the submissions, special public prosecutor Anand Grover said the Aircel-Maxis case should be dealt with by the special 2G court, which has been constituted by the apex court to deal exclusively with the cases arising out of the 2G scam.
The bench agreed with Grover’s arguments and dismissed the clutch of petitions.
The firm had earlier contended before the apex court that CBI’s allegation that then telecom minister Dayanidhi Maran had pressurised Chennai-based telecom promoter C Sivasankaran, to sell the stake in Aircel to Malaysian firm Maxis Group in 2006, has nothing to do with the 2G scam.
The special 2G court had on September 17 dismissed the pleas moved by Maran brothers and others challenging its jurisdiction to try two cases filed by the CBI and Enforcement Directorate in relation to the deal, claiming that these matters did not directly or indirectly fall into the category of 2G spectrum cases.
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