SC allows CBI to grill Maran for six days

The bench refuses custodial interrogation.

November 27, 2015 01:52 pm | Updated December 10, 2016 09:14 am IST - NEW DELHI

Denying CBI custodial interrogation of former Telecom Minister Dayanidhi Maran in the illegal telephone exchange case, the Supreme Court on Friday directed him to appear regularly before the investigating agency for six days between November 30 and December 5.

Protected from arrest, Mr. Maran will now answer questions from the CBI between 11 a.m. and 5 p.m. during the six days starting Monday next.

“We will not give you custodial interrogation,” a Bench of Justices T.S. Thakur and V. Gopala Gowda told the CBI, represented by Attorney-General Mukul Rohatgi.

But the court said the truth should come to light in the case and directed Mr. Maran to appear without fail before the CBI probe officer and “answer all relevant questions issued by the investigating officer.” Justice Thakur insisted that the CBI prepare a “proper” questionnaire for the former Minister and the accused BSNL officials to get to the bottom of the case.

The CBI had registered an FIR against Mr. Maran and others alleging that 764 telephone lines, including 353 high-end connections, were provided at his residence and extended to his brother Kalanithi Maran’s Sun TV network offices to enable its uplinking when Mr. Dayanidhi Maran was Telecom Minister from 2004-07. The FIR has estimated a loss of over Rs. 1.7 crore to the public exchequer.

“Why does a Minister require so many connections,” Justice Thakur repeatedly asked senior advocate Abhishek Manu Singhvi and advocate Sumesh Dhawan, who represented Mr. Maran.

Mr. Maran had moved the apex court successfully in August this year after the Madras High Court cancelled his anticipatory bail and directed him to surrender for custodial interrogation.

The apex court Bench had on that occasion even confronted the CBI, asking Mr. Rohatgi whether the move was driven by political vendetta.

In response, the CBI accused Mr. Maran of giving “many” evasive and contradictory replies, retractions and “deliberately hiding facts in his exclusive knowledge” during continuous questioning from July 1-3, 2015.

Mr. Maran, in turn, accused the CBI of “malafidely singling” him out for custodial interrogation. He contended that he had obtained information under the RTI Act that his predecessors from 1990 onwards had used the same service category connections.

“I offer to pay the Rs. 1.7 crore,” Mr. Singhvi submitted.

“You commit theft and then you go and pay?” Mr. Rohatgi shot back in court. He said the Integrated Switch Digital Network technology and equipment installed in the former Minister’s house were often found with people who had a heavy amount of data transfer. The corresponding equipment was found at the Sun TV headquarters. “Have you questioned the BSNL officers accused here? What are they saying? Were they threatened?” Justice Thakur asked.

In response, Mr. Rohatgi produced documents purportedly showing that the lines were installed on the “verbal orders” of Mr. Maran. But Mr. Singhvi countered that they were not shown any such records to defend their case.

The apex court stepped in to intervene and asked the CBI to prepare a proper questionnaire to arrive at the truth about who gave the order for the installation of the high-speed lines, why such an order was given, if at all, etc.

Then turning to Mr. Maran’s side, Justice Thakur said: “Please co-operate.” The court told the CBI that in case of any “suppression” it would consider action for custodial interrogation.

Triple Trouble

The Madras High Court had earllier observed that it does not find the CBI's allegations against Maran frivolous and that the charges are corroborated by material on record and circumstances.

What exactly is the case about ?

The case by the CBI

  • Case: CBI says between June 2004 and June 2007, officials provided ISDN, broadband connections and leased line circuits at Maran's residence under 'service category'
  • Illegal Lines: No provision in rules for minister to get facilities without DoT’s approval
  • Free Lines: Maran got 364 actual phone numbers with high-end connections at his Gopalapuram residence, no bills were raised and no payments were made
  • SIM Cards: He also had 19 prepaid mobile SIM cards without entitlement, these cards were used by Sun TV staff without payment
  • New Address: In December 2006, Maran shifted to Boat Club Road residence. Another 353 connections were given to new residence
  • Leased Lines: He also got 13 connections from MTNL for his Delhi residence, including ISDN connections, 8+8mbps leased line circuit also
  • All for Sun: All the exchanges were configured with the main exchange at then Sun TV head office in Anna Arivalayam in Chennai
  • Huge Loss: Probe revealed estimated loss amounting to Rs. 1.78 crores to exchequer
  • Complicity: Chief general managers of Chennai Telephones K Brahmadathan (2004-2006), M.P. Velusamy(2006-2007) booked as co-accused.

Dayanidhi Maran's argument

  • » ISDN PRA connection is just one, and not over 300 as claimed. Anyone can get this facility on payment of RS. 1,750, and only one bill is generated
  • » As Cabinet minister, he was entitled to 1,50,000 free calls and even assuming 300 connections were used, it was within his eligibility
  • » Allegation that Sun TV used these connections for data transfer is baseless
  • » Charge that he did not cooperate with CBI investigation is false. Charge that he was evasive and non-cooperative only meant that the CBI was expecting a confession

Two other cases against Maran

  • In August 2014, CBI files chargesheet alleging that Dayanidhi plotted with T. Ananada Krishnan, owner of Malaysian company Maxis, and forced Sivasankaran of Aircel to sell his shares to Mr. Krishnan
  • Based on the CBI’s case findings in the Aircel-Maxis probe, the Enforcement Directorate opens investigation under the Prevention of Money Laundering Act. On April 2, 2015, the Directorate attaches Rs. 742.58 crore worth assets.
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