Discharge of accused in Aircel-Maxis deal case challenged in SC

Trial judge had also ordered the release of assets worth Rs. 742 crore attached by ED.

Dayanidhi Maran and Kalanidhi Maran. A file photo.

Special Prosecutor for the 2G spectrum allocation scam cases and senior advocate Anand Grover on Friday moved the Supreme Court on a limited challenge against the Special Court's discharge of the accused , including the Maran brothers, in the Aircel-Maxis deal case.

On February 2, Special Judge O.P. Saini discharged the accused, citing lack of prima facie evidence of any criminal intention on the part of the accused.

The trial judge also ordered the release of assets worth Rs. 742 crore attached by the Enforcement Directorate.

Mentioning before a three-judge Bench led by Chief Justice of India J.S. Khehar, Mr. Grover submitted that the trial court failed to order the accused to furnish bail bonds.

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Under Section 437A of the Code of Criminal Procedure, accused have to furnish a six-month bail bond with sureties in cases where appeals can be filed before a higher court.

Mr. Grover submitted that this was not mandated by the trial court.

Secondly, he submitted that the trial court went outside its jurisdiction by ordering the release of the attached assets of the accused.

Chief Justice Khehar asked Mr. Grover to file his appeal in the Supreme Court.

When asked why he has moved the apex court in his individual capacity, Mr. Grover said it was his duty to do so.

The Enforcement Directorate is also believed to be approaching the apex court in appeal against the discharge order of the trial court.