The decision on whether to file a charge sheet against former Telecom Minister Dayanidhi Maran in the Aircel-Maxis deal case will now be taken after the new government, under PM-designate Narendra Modi, assumes office next week.
Solicitor General Mohan Parasaran has refused to give an opinion to settle difference of opinion among CBI officers on filing charge sheet. He is learnt to have cited technical flaws, including an "incomplete" file, while refusing to give an opinion.
While refusing to give a legal opinion on the issue, Parasaran is also understood to have indicated that since a new government will be formed on Monday, the matter should be settled by the new set of law officers.
The SG had returned the file four days ago.
Following difference of opinion on how to proceed in the case, the issue was referred to Attorney General G E Vahanvati late last year.
But since Vahanvati could not give his opinion due to reported health-related issues, the CBI requested the Law Ministry to get an opinion from the Solicitor General. As per rules, difference of opinion among CBI top brass is settled by the AG.
CBI had earlier this month informed the Supreme Court that there has been difference of opinion among its officers on filing charge sheet in the Aircel-Maxis deal allegedly involving Maran, which surfaced during the probe in the 2G spectrum scam and said the matter has been referred to the Attorney General for his opinion.
The agency had filed its status report in a sealed envelope on the Aircel-Maxis deal explaining reason for delay in filing the charge sheet. The bench after going through the report said it would await AG's opinion before further proceedings.
CBI had started preliminary inquiry into the deal on January 4, 2011 and nine months later on October 9 had registered the FIR.
CBI had told the apex court in September last year that it has completed its probe against Maran. It had in July, 2011, placed a status report in the court stating that during 2004-07 when Maran was Telecom Minister, Sivasankaran was coerced to sell the stake in Aircel to Maxis Group.
The CBI director and Director of Prosecution had differed on whether Maran could be prosecuted in the case on the basis of available evidence following which the issue was referred to Attorney General G E Vahanvati late last year.
The opinion remained pending after