NEW DELHI: The CBI on Friday filed a chargesheet in the Aircel-Maxis deal case before a special court hearing the 2G scam cases, naming former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and others for their alleged role in doling out Rs 600 crore as bribes. Five individuals named in the chargesheet include Dayanidhi, Sun Group CMD Kalanithi, Malaysian tycoon T Ananda Krishnan and Augustus Ralph Marshall, a director in many of Krishnan’s companies. Former telecom secretary and Telecom Regulatory Authority of India (TRAI) chairman J S Sarma, who died in March, has also been named as an accused. However, his name has been put in a column of the accused against whom trial cannot proceed. The CBI also charged four companies — Maxis Communications Berhad, Sun Direct TV Ltd, Astro All Asia Networks and South Asia Entertainment Holdings Ltd. The 72-page chargesheet, which does not differ much from the original FIR, includes the names of 151 witnesses and a set of 655 documents.
The accused have been charged under section 120B (punishment for criminal conspiracy), section 7 (public servant taking gratification other than legal remuneration in respect of an official act), section 12 (punishment for abetment of offences defined in section 7) and section 13(1)(d) (criminal misconduct by a public servant) of the Prevention of Corruption Act, 1988. Special judge
O P Saini scheduled the next hearing for September 11.
According to CBI sources, Dayanidhi Maran, during his tenure as Telecom Minister from February 2004 to May 2007, allegedly abused his official position and showed undue favour to Maxis, owned by Ananda Krishnan, in lieu of which the tycoon bought shares of Sun Direct TV Pvt Ltd and South Asia Entertainment Holding Ltd. “The investigation revealed that (Dayanidhi Maran) allegedly abused official position and constricted the business environment of a Chennai-based private firm on frivolous grounds, with an intent to force its exit from telecom business and its sale to a Malaysia-based company,” a CBI official said. “After the change of ownership, the requests pending long before the DoT were acceded to and undue favour was given to these companies after such transfer for which alleged illegal gratification of Rs 549 crore (approx) was paid by a UK-based company to Chennai-based TV company in the garb of purchase of its shares at a premium of Rs 69.57 per share through its subsidiary of a Mauritius-based company,” he added.
According to the CBI, the investment, which the probe agency alleged was kickback, was transferred to companies owned by Maran brothers after the approval, revealing quid pro quo. It said investment to the tune of `629 crore, besides another investment of `193 crore was also paid by UK-based company to a company of Chennai through its subsidiaries of Mauritius-based monitoring company and other software company of Mauritius, totalling `822 crore.
CBI further added that the investigation in the case was not yet completed. “The aspect of the irregularity in grant of FIPB approval to Mauritius-based company and the role of the Indian partner company of Chennai in holding 26 per cent equity of Chennai-based company is being further investigated.”
The chargesheet was filed a day after the Supreme Court turned down the Dayanidhi’s plea seeking to restrain the CBI from filing the charges. CBI, in the Supreme Court, had alleged that Maran had forced Chennai-based telecom promoter C Sivasankaran to sell the stake in Aircel to Malaysian firm Maxis in 2006. In the chargesheet, CBI has detailed that during his tenure, Maran had not granted telecom licences to Sivasankaran’s Aircel, Aircel Cellular Ltd and Dishnet Wireless Ltd citing lack of certain regulatory approvals.
This led to constricting business environment for the company, sources alleged, adding that thereafter Ananda Krishnan’s Maxis, in connivance with Maran brothers, acquired the three firms. As soon as the acquisition was complete, telecom licences were granted to it by the Telecom Ministry, sources said. “Around `600 crore was routed to the companies owned by Marans through ASTRO All Asia Network PLC,” chargesheet stated.
Earlier, in a status report filed in the apex court, which is monitoring the 2G scam probe, CBI had said that overseas probe was being delayed due to the influence of the Malaysian firm’s owner who is reportedly politically well-connected. It had informed the court that overseas probe was important to track the money trail as funds for the deal had come through Mauritius. The CBI had also sought information from the Malaysian authorities through Letters Rogatory (LRs) but it did not get satisfactory response, after which the judicial requests were sent again. The reply to the second LR is pending.
Maran, who has been examined by the CBI, has denied all allegations levelled against him and his family members.