A special CBI court in Delhi dismissed former union minister Dayanidhi Maran, his brother Kalanidhi and others in the Aircel-Maxis deal in the illegal 2G spectrum matter, the Supreme Court on 3rd February neglected to stay the trial court order but tightened the noose against the accused who have not been receiving court summons.
On 2nd February, the trial court had unintergrated trial against accused Kuala Lumpur-based business tycoon and Maxis promoter T Ananda Krishnan, Maxis director Ralph Marshall and two companies Astro All Asia Networks Limited and Maxis Communications Berhad, Malaysia, from that of the Maran brothers.
They have been avoiding the court’s summons. In the meanwhile, Aircel distinct to transfer its spectrum to Reliance Communications.The fate of the fusion deal between two companies is still hanging on fire.
A three-judge bench headed by Chief Justice JS Khehar notified Aircel to auction the deal if the accused do not present.Maxis holds 99 per cent of Aircel stake, as per CAG report.
Taking exclusion to Ananda Krishnan, the bench said: “No one will be allowed to run away from the summons of this court.”
While hearing a request filed by NGO Centre for Public Interest Litigation, the bench noticed that it won’t allow fusion of Reliance Communication wireless with Aircel involving settlement of Rs.20,000-crore debt of nationalised banks.
“If the accused don’t replied to summons, then it might auction the spectrum allotted to Aircel-Maxis to satisfy Rs.20,000-crore debt,” the bench said. “We will adopt any means to make sure that no one bolt from the law of this country,” the bench, also comprising Justice NV Ramana and DY Chandrachud, said.
Representing Aircel, senior advocate Abhishek Manu Singhvi fenced that the company has no control over the accused, particularly Ananda Krishnan.
The visibly roiled court, however, said “You are fighting the matter in proxy. Aircel are hand in glove with accused. It is an offense before the court. He must come and answer to court.
To secure that the public banks do not hurt, the CJI said: “We will pass order asking government to auction the proposed transfer of spectrum from Aircel to Reliance.
Sending a strong message to other bolt who have failed to repay a big amount of bank loans like businessman Vijay Mallya, the bench said: “When Indians are in other countries or had it been an Indian outside the country, they have to face the consequences of evading law. We will deal with them.
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