A petition against a trial court order dismissing pleas of former Telecom minister Dayanidhi Maran, his brother Kalanithi and others challenging jurisdiction of the special 2G court to try the Aircel-Maxis case was on Monday withdrawn from the Delhi High Court.
Justice I.S. Mehta allowed South Asia Entertainment Holding Limited, which has been summoned as accused along with Marans and five others in the case, to withdraw their plea as they have moved the Supreme Court on the issue.
“The Special Leave petition challenging the trial court order is pending before the Supreme Court. In view of it, the petitioner seeks to withdraw their present petition. The same is allowed,” the court said.
Special Public Prosecutor Anand Grover, appearing for the CBI, submitted that since the apex court was monitoring the issue, the accused cannot file such an appeal in high court.
The special 2G court had on September 17 dismissed the pleas moved by Marans and others challenging its jurisdiction to try two cases filed by CBI and Enforcement Directorate in relation to the deal, claiming that these matters did not directly or indirectly fall in the category of 2G spectrum allocation cases.
The trial court had said that the Aircel-Maxis deal “fairly and squarely falls within the description of 2G scam”, and held that it has the jurisdiction to try the matter.
Besides the Maran brothers, the CBI has named Malaysian business tycoon T Ananda Krishnan, Malaysian national Ralph Marshall and four firms — Sun Direct TV Pvt Ltd, Astro All Asia Networks Plc, UK, Maxis Communications Berhad, Malaysia, and M/s South Asia Entertainment Holdings Ltd, Malaysia — as accused in the case.
They have been chargesheeted for the offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act.
