The Supreme Court on Friday recalled its own order and decided to hear afresh the petitions filed by former telecom minister Dayanidhi Maran and his brother Kalanithi against the special court’s order summoning them as accused in the 2G spectrum scam case on Monday.
Earlier, the bench comprising justices V Gopala Gowda and R Banumathi had declined to interfere with the special CBI court’s order, saying the duo should seek redressal by approaching the Delhi High Court if their case doesn’t fall under the the 2G scam. Marans’ had sought quashing of the summons issued on October 29 last year in the Aircel-Maxis case by the special CBI court trying the 2G spectrum cases.
A couple of hours later, the Centre through Additional Solicitor General Pinky Anand, on behalf of the CBI, objected to the hearing in the morning and said another bench led by Chief Justice HL Dattu is already hearing matters related to 2G spectrum cases and the Marans’ plea should be heared by the same bench.
The ASG said there is a specific order of the apex court that any matter arising out of the 2G spectrum case has to be heard by it and no other court in the country shall entertain it.
Taking on record the submissions of Anand, the bench recalled its order and posted the matter before the bench headed by Justice Dattu on Monday.
Summons were issued to Maran brothers and six others, including Malaysian business tycoon T Ananda Krishnan as accused in the Aircel-Maxis deal case.
The special CBI court had directed them to appear before it on March 2 after taking cognisance of the charge sheet filed against eight accused including — Sun Direct TV, Maxis Communication Berhad, Astro All Asia Network and South Asia Entertainment Holding.
Advocate CA Sundaram, appearing for Dayanidhi, said that the case was not related to 2G spectrum allocation scam probe and that not a single licence was allotted by him during his tenure as telecom minister.
The CBI had alleged that Dayanidhi misused his office and “forced” Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group in 2006. In exchange, Maxis invested R650 crore in a company owned by Kalanithi, it said.