CBI sources said the agency is yet to receive the opinion of the Attorney General and it will go ahead with whatever his suggestions are in the matter.
Highly-placed sources in the government said that Rohtagi today dispatched his opinion saying the available material with CBI is enough to prosecute Dayanidhi and Kalanithi in the Aircel Maxis case.
The sources said the matter was escalated to the office of the Attorney General as there was a difference of opinion between the views of investigation team and the CBI Director Ranjit Sinha on charge sheeting Maran brothers in the case.
While the team was of the view that enough evidence was available indicating role of Marans, CBI Director Ranjit Sinha differed with the view.
They said the matter remained pending with then Attorney General Goolam Vahanvati during the last government.
CBI in 2011 had filed its FIR in the case alleging that then Telecom Minister Dayanidhi had used his influence to help Malayasian business tycoon T Ananda Krishnan acquire Aircel by coercing its owner Chinnakannan Sivasankaran.
It was alleged by former Aircel chief C Sivasankaran that the then Telecom Minister had favoured Malaysia-based Maxis group in the takeover of his company and in return investments were made by the company through Astro network in a company owned by the Maran family.
Maran, who has been examined by CBI, has denied all the allegations levelled against him and his family members.
The agency had also sought information from the Malaysian authorities through Letters Rogatory but it did not get satisfactory details, after which the judicial requests were sent again. The reply to second LR is pending.
CBI has named Dayanidhi, his brother Kalanithi Maran, Maxis owner T Ananda Krishnan, senior executive Ralph Marshall three companies on charges of criminal conspiracy under Indian Penal Code (IPC) and Prevention of Corruption Act.