Aircel-Maxis case

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=Aircel-Maxis deal: A timeline=
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[http://www.thehindu.com/business/aircelmaxis-case-a-timeline/article6401708.ece ''The Hindu''], August 21, 2015
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''' April-May 2011''': The Aircel-Maxis deal came under the scanner after Aircel owner C. Sivasankaran lodged a complaint with the Central Bureau of Investigation alleging that he was pressurised to sell his stakes to Maxis.
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'''September 2011''': The Arbitral Tribunal rejected Mr. Sivasankaran’s allegation regarding breach of obligations on the part of buyers in undertaking an IPO of Aircel. The tribunal directed him to pay Maxis’s legal costs of $7.9 million, of which at least $1.4 million was paid. The award was not challenged.
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'''October 2011''': The CBI filed a case alleging that Mr. Sivasankaran, who had applied for spectrum licence, was coerced into selling his company to Maxis. It is later alleged that the Maxis Group, which bought 74 per cent stakes in Aircel in March 2006, invested Rs.742 crore in Sun Direct between 2007 and 2009.
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'''May 2014''': The CBI told the Supreme Court that there was difference of opinion between the CBI Director and the prosecution regarding filing of the charge sheet. On reference, the Attorney General opined that there was enough prosecutable evidence.
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'''July 2014''': Maxis Communications Berhad on July 25 urged Finance Minister Arun Jaitley that it be treated in a fair manner, citing a contrary opinion by two retired Chief Justices of India.
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'''August 2014''': The CBI on August 29 filed charge sheet against former Telecom Minister Dayanidhi Maran and his brother Kalanidhi Maran; T. Ananda Krishnan, owner of Malaysian company Maxis; Ralph Marshall, a senior executive of the Maxis Group, and four companies, including the Sun Direct TV Pvt. Ltd.
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'''February 5, 2015''': The Marans moved the Supreme Court challenging the 2G Special Court’s decision to summon them in the Aircel-Maxis case.
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'''February 6, 2015''': The Supreme Court recalled its order refusing to entertain petitions of the former Telecom Minister Dayanidhi Maran and his brother, Kalanithi Maran, to quash summons in the Aircel-Maxis case issued by a special court trying the 2G spectrum scam.
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'''February 9, 2015''': The Supreme Court refused to intervene with a summons order issued by the 2G Special Court to former Telecom Minister Dayanidhi Maran and his brother Kalanithi Maran in connection with the Aircel-Maxis deal case.
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'''March 16, 2015''': Marans challenged the jurisdiction of the Special CBI Court over the Aircel-Maxis deal case.
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'''April 1, 2015''': The Enforcement Directorate attached assets estimated at Rs. 742.58 crore held by Dayanidhi Maran and his brother Kalanithi Maran and wife Kaveri Kalanithi.
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'''August 3, 2015''': The CBI told a special court that Malaysian authorities were not “cooperating” in the service of summons against four accused in the Aircel-Maxis deal case after which the judge issued fresh summons.
  
 
=The CBI case=
 
=The CBI case=
=2017: court discharges most of the accused==
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==2017: court discharges most of the accused==
 
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Aircel-Maxis-case-Court-discharges-Maran-bros-03022017001033  Aamir Khan, Aircel-Maxis case: Court discharges Maran bros, Feb 3, 2017: The Times of India]
 
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Aircel-Maxis-case-Court-discharges-Maran-bros-03022017001033  Aamir Khan, Aircel-Maxis case: Court discharges Maran bros, Feb 3, 2017: The Times of India]
  

Latest revision as of 08:26, 16 January 2020

This is a collection of articles archived for the excellence of their content.

[edit] Aircel-Maxis deal: A timeline

The Hindu, August 21, 2015


April-May 2011: The Aircel-Maxis deal came under the scanner after Aircel owner C. Sivasankaran lodged a complaint with the Central Bureau of Investigation alleging that he was pressurised to sell his stakes to Maxis.

September 2011: The Arbitral Tribunal rejected Mr. Sivasankaran’s allegation regarding breach of obligations on the part of buyers in undertaking an IPO of Aircel. The tribunal directed him to pay Maxis’s legal costs of $7.9 million, of which at least $1.4 million was paid. The award was not challenged.

October 2011: The CBI filed a case alleging that Mr. Sivasankaran, who had applied for spectrum licence, was coerced into selling his company to Maxis. It is later alleged that the Maxis Group, which bought 74 per cent stakes in Aircel in March 2006, invested Rs.742 crore in Sun Direct between 2007 and 2009.

May 2014: The CBI told the Supreme Court that there was difference of opinion between the CBI Director and the prosecution regarding filing of the charge sheet. On reference, the Attorney General opined that there was enough prosecutable evidence.

July 2014: Maxis Communications Berhad on July 25 urged Finance Minister Arun Jaitley that it be treated in a fair manner, citing a contrary opinion by two retired Chief Justices of India.

August 2014: The CBI on August 29 filed charge sheet against former Telecom Minister Dayanidhi Maran and his brother Kalanidhi Maran; T. Ananda Krishnan, owner of Malaysian company Maxis; Ralph Marshall, a senior executive of the Maxis Group, and four companies, including the Sun Direct TV Pvt. Ltd.

February 5, 2015: The Marans moved the Supreme Court challenging the 2G Special Court’s decision to summon them in the Aircel-Maxis case.

February 6, 2015: The Supreme Court recalled its order refusing to entertain petitions of the former Telecom Minister Dayanidhi Maran and his brother, Kalanithi Maran, to quash summons in the Aircel-Maxis case issued by a special court trying the 2G spectrum scam.

February 9, 2015: The Supreme Court refused to intervene with a summons order issued by the 2G Special Court to former Telecom Minister Dayanidhi Maran and his brother Kalanithi Maran in connection with the Aircel-Maxis deal case.

March 16, 2015: Marans challenged the jurisdiction of the Special CBI Court over the Aircel-Maxis deal case.

April 1, 2015: The Enforcement Directorate attached assets estimated at Rs. 742.58 crore held by Dayanidhi Maran and his brother Kalanithi Maran and wife Kaveri Kalanithi.

August 3, 2015: The CBI told a special court that Malaysian authorities were not “cooperating” in the service of summons against four accused in the Aircel-Maxis deal case after which the judge issued fresh summons.

[edit] The CBI case

[edit] 2017: court discharges most of the accused

Aamir Khan, Aircel-Maxis case: Court discharges Maran bros, Feb 3, 2017: The Times of India

A special CBI court discharged on Thursday most of the accused in the Aircel-Maxis case, including former Union communications minister Dayanidhi Maran and his industrialist brother, Kalanithi. The court observed that “no prima facie case warranting framing of charge against any of the accused is made out“ as the charges against them are based on “misreading of official files“ as well as speculation and surmises of the complainant.

Following the complaint of Chennai-based telecom promoter C Sivasankaran, the Marans and others were charged with criminal conspiracy and corruption for receiving “proceeds of crime“ totalling Rs 742.58 crore and laundering the amount. Special CBI judge O P Saini, however, observed that there was no existence of proceeds of crime. That fact that the Marans are brothers and shareholders in firms are not indicative of any conspiracy , the judge said, while discharging the accused. “It may indicate their close association, but nothing beyond that,“ he said.

“These (facts) may create a suspicion that the money received in the company of Kalanithi Maran was meant for Dayanidhi, but perception or suspicion are not enough for criminal prosecution. Legally admissible evidence is wholly lacking in this case,“ Saini said, adding, “The case is based on contradictory statements of witnesses“.

Sivasankaran had wanted to expand his GSM mobile business in other states and accordingly applied to the department of telecommunications (DoT) for licenses in 2004. It was alleged that the grant of licenses in seven telecom circles, pending with DoT, was delayed with an “intent to force Aircel's exit from telecom business by constricting its business environment“.

According to the CBI, Dayanidhi had “pressurised“ Sivasankaran to sell his stakes in Aircel and two subsidiary firms to Malaysian firm Maxis Group in 2006. After change in ownership to Maxis, all 7 applications for licenses and approvals pending since long were acceded to, the CBI alleged. In addition, Dayanidhi was accused of accepting “undue and illegal“ gratification through his brother's company by Maxis.

Senior counsel Kapil Sibal, Abhishek Manu Singhvi, R S Cheema, Sidharth Luthra, Rebecca John along with advocates Anirban Bhattacharya and Chahat Chawla argued that the delay in Aircel getting regulatory approvals couldn't be attributed either to Dayanidhi, or to ex-additional secretary (telecom) J S Sarma, another accused.

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