NEW DELHI: The Supreme Court on Monday refused to allow former minister Dayanidhi Maran and his brother Kalanithi Maran from approaching the Delhi High Court against the Special CBI Court order to summon them as accused in Aircel-Maxis case.
“We make it clear that we are not giving any liberty to petitioners (Maran brothers) to approach the Delhi High Court but the Special Court would decide the jurisdictional issue raised by the petitioners,” a Bench of Justice V Gopalagowda and R Banumathi said.
“We are bound by the judgments of this court. We can neither deviate nor differ. If we differ, we have to refer it to a larger bench,” the Bench said.
The Marans had argued that the 2G court had no jurisdiction to summon them as the Aircel- Maxis deal concerned a personal dispute and had no relation to the spectrum scam.
On this, the court said the Marans could state the same before the Special Court.
The apex court Bench also said that it was restoring the recalled order of February 6 to the extent only that their petitions were declared disposed of as withdrawn while making it clear that there was no liberty to approach the High Court.
During the hearing, senior counsel K K Venugopal, appearing for the CBI, sought clarification and submitted that the order on Friday, later recalled, gave a wrong impression that the Marans were at liberty to move the High Court to quash the Special Court summons.
He cited the apex court’s earlier order that all cases should come to the top court and not to the High Court.