Aircel-Maxis case: SC recalls order asking Marans to move Delhi HC

The court had earlier refused to entertain the plea of the former Telecom Minister and his brother and said they could approach the Delhi High Court against the 2G court order summoning them as accused.

February 06, 2015 12:41 pm | Updated November 17, 2021 01:26 am IST - New Delhi

A file photo of former Telecom Minister Dayanidhi Maran and his brother and SUN TV chief Kalanithi Maran.

A file photo of former Telecom Minister Dayanidhi Maran and his brother and SUN TV chief Kalanithi Maran.

The Supreme Court on Friday recalled its order refusing to entertain petitions of the former Telecom Minister Dayanidhi Maran and his brother, Kalanithi Maran, to quash summons in the Aircel-Maxis case issued by a special court trying the 2G spectrum scam.

In the morning, a Bench of Justices V. Gopala Gowda and R. Banumathi declined to hear the petitions, which argued that the Aircel-Maxis case had “no connection or relation with the 2G spectrum scam and [it] pertained to a civil, private dispute.”

Justice Gowda said the 2G special court had already filed a charge sheet after taking prima facie cognisance of the allegations against them. The court orally observed that the Marans should first go to the High Court against the summons order and “exhaust” their remedy there.

“If the allegations against you in the charge sheet are proved wrong, you can seek discharge,” Justice Gowda observed.

Justice Gowda then disposed of the petitions, leaving the Marans free to move the High Court concerned.

But the case witnessed a twist within the next couple of hours when Additional Solicitor-General Pinky Anand, representing the CBI, rushed to Justice Gowda’s Bench as it was about to rise for lunch.

Ms. Anand explained that a Special Bench, led by Chief Justice of India H.L. Dattu, was already seized of all 2G matters which came to the Supreme Court, and the Marans’ petitions should be heard by that Bench.

Agreeing with the submission, Justice Gowda immediately recalled the court’s earlier order disposing of the petitions and posted them for hearing before the Chief Justice’s Bench on February 9.

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