Aircel-Maxis case: Malaysian govt raises objections to summons

New Delhi: The Malaysian government has raised certain objections to summons issued against four accused residing there in connection with the Aircel-Maxis deal case and these queries have to be replied to the satisfaction of authorities in Kuala Lumpur, CBI Monday told a Delhi court.

The agency said these objections have to be replied to through diplomatic channels and it would take six months time to serve the summons upon them.

It said that summons issued against Malaysian business tycoon T Ananda Krishnan, accused Augustus Ralph Marshall and two firms have not been served upon them yet and the Malaysian authorities have sent some queries to the Indian High Commission.

"Processes sent to accused Augustus Ralph Marshall, T Ananda Krishnan, Maxis Communications Berhad and Astro All Asia Network Plc, who are all residents of/situated in Malaysia, have not been received back, served or unserved.

"Senior public prosecutor has filed an application submitting that Malaysian authorities have raised certain queries regarding processes issued by this court and the same are required to be replied diplomatically," Special CBI Judge O P Saini noted in his order.

During the hearing, senior public prosecutor K K Goel said at least six months time may be granted for ensuring service of summons to these accused as the Malaysian authorities have raised certain objections "regarding the instant case, which are required to be replied to their satisfaction through diplomatic channels".

"In view of the submissions made at the bar, prayer allowed. As the four accused are required to be served through diplomatic channels, six months time is allowed for service of fresh summons. Accordingly, issue fresh summons to the aforesaid four accused for July 11, 2016," the court said.

The agency said a letter dated November 2, 2015 along with some annexures have been received by the Indian High Commission from the Malaysian government in this regard.

Besides these four accused, CBI had chargesheeted former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and two other firms -- Sun Direct TV Pvt Ltd and South Asia Entertainment Holding Ltd -- as accused in the case.

In its order, the court said that fresh summons be issued against these four accused "today itself without any wastage of further time so that they may be served well in time without any further delay."

"Prosecution is also directed to stay in constant touch with the office of Indian High Commission in Malaysia for ensuring service in time," the judge said.

"Accordingly, put up the matter for service of summons on the aforesaid four accused, reply to the applications challenging jurisdiction of the court as well as disposal of bail applications of accused Dayanidhi Maran and Kalanithi Maran on July 11, 2016, as prayed," the court said.

During the hearing, Dayanidhi Maran was present in the court while Kalanithi's lawyer moved a plea seeking exemption from personal appearance for his client for today saying he was unable to come to Delhi due to recent heavy rainfall and consequent floods in Chennai. The court allowed his plea.

CBI had earlier told the court that the Malaysian authorities were "not cooperating" in the service of summons against four accused in the case.

Besides the Maran brothers, the court had earlier summoned Krishnan, Marshall and the four firms as accused in the case after taking cognisance of CBI's charge sheet.

CBI had chargesheeted them for the alleged offences under section 120-B (criminal conspiracy) of IPC and under relevant provisions of the Prevention of Corruption Act.

CBI had earlier alleged in the court that Dayanidhi Maran had "pressured" and "forced" Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group in 2006.

It had argued that the case involves investigation in foreign countries and there were sufficient grounds to proceed against the accused named in the charge sheet.