The Supreme Court on Friday stayed the Enforcement Directorate’s attachment proceedings before the Adjudicating Authority under the money laundering law against Sun TV assets in connection with the Aircel-Maxis case.
A Bench led by Chief Justice of India H.L. Dattu, however, said the provisional attachment order issued by the ED would stay alive even if the 180-day period for confirming the attachment order was over.
Order under PMLA
The ED had ordered provisional attachment of assets of Sun TV worth Rs.742 crore allegedly linked to the Aircel-Maxis deal. The attachment order was under the Prevention of Money Laundering Act. The Sun TV, represented by senior advocate Abhishek Manu Singhvi and Sumesh Dhawan, had earlier approached the Supreme Court against a Madras High Court order refusing to hear their plea against the provisional attachment on the grounds that the case was linked to the 2G spectrum scam.
There is a standing order by the Supreme Court that any complaints or grievances regarding 2G cases would be heard directly by the apex court and not the High Courts.
The top court had referred the Sun TV plea to its 2G Bench led by Chief Justice Dattu, where it is pending.
During the hearing, Special Public Prosecutor for 2G cases, senior advocate Anand Grover, submitted that he had written to the Adjudicatory Authority, briefing it about the pending petitions in the Supreme Court. But the Authority had refused to stay its proceedings, constrained by the 180-day deadline.
Mr. Grover submitted that the whole case would collapse unless the attachment was confirmed within the 180 days of the issuance of the provisional order.
“But we expect judicial discipline. Now we will stay the proceedings before that Authority in the light of interim orders passed by us,” Chief Justice Dattu responded.
In an earlier hearing in July, immediately after the case was referred to the 2G Bench, Chief Justice Dattu had orally asked Mr. Grover to convey to the ED to not do anything on the basis of the provisional attachment order.
The same hearing had also seen senior advocate Kapil Sibal, appearing for Sun TV, submit that his client would inform the ED about the pendency of their petition in the Supreme Court so that no prejudice was caused to the company.
The provisional attachment order came as part of an investigation on former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and the latter’s wife, Kaveri Kalanithi, for offences under the Prevention of Money Laundering Act.
Sun TV has maintained that the assets were acquired much before the agencies started their investigations into the Aircel-Maxis case.
