Accusing former Telecom Minister Dayanidhi Maran of misleading the investigation in the illegal telephone exchange case, the CBI pushed the Supreme Court for his custodial interrogation, saying his liberty as an individual is subject to supremacy of law.
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.
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 channel to enable its uplinking when Dayanidhi Maran was Telecom Minister from 2004-07. The FIR estimated a loss of over Rs. 1.7 crore to the public exchequer.
A Bench led by Justice T.S. Thakur allowed Mr. Maran, represented by senior advocate Kapil Sibal and advocate Sumesh Dhawan, to file a rejoinder to the CBI affidavit. The case has been posted for hearing on October 1.
In the affidavit, the CBI assured the court that no physical harm will come to Mr. Maran in custody as the “police officers would conduct themselves in a responsible manner”. It said there is every possibility that Mr. Maran would influence the witnesses considering his stature and his capacity to “systematically and clandestinely acquire a huge network of telephone services illegally without any entitlement”.
The CBI reasoned that the concept of regulated freedom, societal restriction and supremacy of law should be considered along with the liberty of an individual to ensure a fair and effective investigation.
It said his custodial interrogation is required to unearth crucial parts of a “larger conspiracy about the actual use of connections for the benefit of Sun TV, which are in his exclusive knowledge and to quantify the huge actual loss caused because of the illegal usage of high-end telecom facilities”.
“The investigation has established that the said illegal telephone connections were used for the benefit of Sun TV. Further, investigation has also established that the accused persons were running private mini-exchanges from their houses illegally,” the CBI said.
The CBI called Mr. Maran the “main conspirator” who played an “integral and cardinal role in the criminal conspiracy and abused his official position to its maximum during his stint as Union Minister”.
In the previous hearing on August 12, the agency faced embarrassing questions from the court about the loss of Rs. 1.7 crore. The court even asked the CBI whether it was trying to “fix” the ex-minister owing to political vendetta.
Justice Thakur had asked why the CBI needed to arrest a man for over a Rs. 1 crore pending phone bill.
In reply, the CBI affidavit contended that the estimated loss of Rs. 1,78,71,391 was “only towards installation charges and since no meters were fixed, the total loss could not be quantified and same is being investigated”.
"If you think the phone lines were fixed as part of a conspiracy, question him, question the BSNL officials. Why arrest him?" Justice Thakur had asked the investigating agency.
Triple Trouble
The Madras High Court has 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.
