Even as the CBI on Thursday informed the Supreme Court that unless it proved a quid pro quo in the case of bribery in the Aircel-Maxis deal allegedly involving the former Telecom Minister, Dayanidhi Maran, it might have to file a closure report, the court asked the Indian High Commission in Malaysia to extend full cooperation to the investigating agency in getting the required information.

Senior counsel K.K. Venugopal, appearing for the CBI and the Enforcement Directorate, told a Bench of Justices G.S. Singhvi and K.S. Radhakrishnan, hearing the 2G case, that information from Malaysia was awaited. When Justice Singhvi wanted to know how long the CBI would wait, counsel did not specify any time limit.

He said: “We don’t want to jump the gun. Unless we can link quid pro quo with beneficiaries a case of bribery cannot be made out. Unless we prove the bribery charge with evidence, the [trial] court will throw out the charge sheet. If the vital information is not forthcoming then we may have to file a closure report.”

Justice Singhvi told counsel: “We don’t want you to jump the gun but you [CBI] cannot go on [waiting for information] indefinitely.”

On Wednesday, Mr. Venugopal told the court that a politically and economically powerful person in Malaysia was stalling the probe. So far as the domestic probe was concerned, the CBI had completed its job. Letters Rogatory had been sent to Malaysia and Mauritius to establish a link between the investments (in Sun Direct) made by the Maxis group and grant of licence to Aircel and Malaysia had sought certain clarifications.

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