Delhi High Court today deferred hearing on the petition against a trial court order dismissing pleas of ex-Telecom minister Dayanidhi Maran, his brother Kalanithi and others challenging jurisdiction of the special 2G court to try the Aircel-Maxis case.
Justice I S Mehta posted the hearing for December 22 after the CBI informed it that the South Asia Entertainment Holding Limited, which has been summoned as accused along with Marans and five others in the case, has also filed an appeal on the same issue in the Supreme Court.
The company also admitted that they have moved the apex court on the issue.
Special Public Prosecutor Anand Grover, appearing for the CBI, submitted that since the apex court was monitoring the issue, the accused cannot file such an appeal before two platforms.
Noting this, the court said it would await the Supreme Court direction, on the basis of which it can proceed.
The special 2G court had on September 17 dismissed the pleas moved by Marans and others challenging its jurisdiction to try two cases filed by CBI and Enforcement Directorate in relation to the deal, claiming that these matters did not directly or indirectly fall in the category of 2G spectrum allocation cases.
The trial court had said that the Aircel-Maxis deal “fairly and squarely falls within the description of 2G scam”, and held that it has the jurisdiction to try the matter.
Besides the Maran brothers, the CBI has named Malaysian business tycoon T Ananda Krishnan, Malaysian national Ralph Marshall and four firms– Sun Direct TV Pvt Ltd, Astro All Asia Networks Plc, UK, Maxis Communications Berhad, Malaysia, and M/s South Asia Entertainment Holdings Ltd, Malaysia– as accused in the case.
They have been chargesheeted for the offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.