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Tag: Aircel-Maxis case

  • Aircel-Maxis case: 2G court seeks to speed trial against Marans

    Aircel-Maxis case: 2G court seeks to speed trial against Marans

    MUMBAI: Is the hand of the law closing in on Sun TV promoter Kalanithi Maran and his brother, the former telecom minister, Dayanidhi Maran?

    A special 2G court has decided that the trial against the two brothers be separated from Malaysian nationals T.Ananda Krishnan and Augustus Ralph Marshall and two firms Astro All Asia Network PLC and Maxis Communication Berhad, co-accused in the Aircel-Maxis case. The reason: the latter may not appear, which could delay the trial proceedings.

    According to a PTI report, special judge O.P. Saini has ordered the issue of an open and perpetual arrest warrant against Krishnan and Marshall.

    Krishnan is the driving force behind the leading Malaysian DTH operator Astro and was once known for his proximity to former Malaysian prime minister Mahathir Mohammed.

    Despite several efforts, summons have not been served on both, Krishnan and Marshall, as the Malaysian authorities have not been cooperating and effecting the service. This is despite the legal mutual assistance treaty between India and the south east Asian nation.

    The CBI, which has filed the charge sheet against the eight accused for offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act, had pleaded with the court to issue arrest warrants against Krishnan and Marshall in August.

    In the 27-page order, the court noted that the allegations against the accused were “serious” and the only way left was to approach Interpol for which issuance of warrant was necessary.

    Said the court:

    “It is ordered that the trial of the appearing accused, that is, Dayanidhi Maran, Kalanithi Maran, M/s Sun Direct TV Pvt Ltd and M/s South Asia Entertainment Holdings Ltd be segregated from the trial of accused Ralph Marshall, T Ananda Krishnan, M/s Astro All Asia Network Plc and M/s Maxis Communications Berhad.

    “Miscellaneous file be opened relating these four accused, who are yet to be served. It is further ordered that an open and perpetual warrant of arrest be issued against Marshall and Krishnan.”

    “Malaysian authorities have categorically declined to effect the service. In such a situation, the only way left is to approach the Interpol and for that issue of warrant is necessary…

    “In such a situation when further issuance of summons would be a futile exercise, it is rightful for the prosecution to ask for warrant of arrest against the accused.”

  • Aircel-Maxis case: 2G court seeks to speed trial against Marans

    Aircel-Maxis case: 2G court seeks to speed trial against Marans

    MUMBAI: Is the hand of the law closing in on Sun TV promoter Kalanithi Maran and his brother, the former telecom minister, Dayanidhi Maran?

    A special 2G court has decided that the trial against the two brothers be separated from Malaysian nationals T.Ananda Krishnan and Augustus Ralph Marshall and two firms Astro All Asia Network PLC and Maxis Communication Berhad, co-accused in the Aircel-Maxis case. The reason: the latter may not appear, which could delay the trial proceedings.

    According to a PTI report, special judge O.P. Saini has ordered the issue of an open and perpetual arrest warrant against Krishnan and Marshall.

    Krishnan is the driving force behind the leading Malaysian DTH operator Astro and was once known for his proximity to former Malaysian prime minister Mahathir Mohammed.

    Despite several efforts, summons have not been served on both, Krishnan and Marshall, as the Malaysian authorities have not been cooperating and effecting the service. This is despite the legal mutual assistance treaty between India and the south east Asian nation.

    The CBI, which has filed the charge sheet against the eight accused for offences punishable under section 120-B (criminal conspiracy) of the IPC and under relevant provisions of the Prevention of Corruption Act, had pleaded with the court to issue arrest warrants against Krishnan and Marshall in August.

    In the 27-page order, the court noted that the allegations against the accused were “serious” and the only way left was to approach Interpol for which issuance of warrant was necessary.

    Said the court:

    “It is ordered that the trial of the appearing accused, that is, Dayanidhi Maran, Kalanithi Maran, M/s Sun Direct TV Pvt Ltd and M/s South Asia Entertainment Holdings Ltd be segregated from the trial of accused Ralph Marshall, T Ananda Krishnan, M/s Astro All Asia Network Plc and M/s Maxis Communications Berhad.

    “Miscellaneous file be opened relating these four accused, who are yet to be served. It is further ordered that an open and perpetual warrant of arrest be issued against Marshall and Krishnan.”

    “Malaysian authorities have categorically declined to effect the service. In such a situation, the only way left is to approach the Interpol and for that issue of warrant is necessary…

    “In such a situation when further issuance of summons would be a futile exercise, it is rightful for the prosecution to ask for warrant of arrest against the accused.”

  • Madras HC dismisses Marans’ plea; I&B asks MHA to clarify on security nod denial

    Madras HC dismisses Marans’ plea; I&B asks MHA to clarify on security nod denial

    NEW DELHI: The Madras High Court has dismissed petitions by Sun TV and Kal Comm Pvt. Ltd. seeking stay on the attachment of its assets by Enforcement Directorate (ED) in connection with Aircel-Maxis case.

     

    Justice M. Sathyanarayanan said the Supreme Court was monitoring the case and the High Court was not inclined to entertain the petitions.

     

    Meanwhile, it is learnt that in reply to a letter from the Information and Broadcasting (I&B) Ministry seeking clarifications on rejection of security clearance to Sun TV, the Ministry of Home Affairs (MHA) has reiterated its position. The I&B Ministry is understood to have highlighted the issue relating to freedom of the media.

     

    That apart, the I&B Ministry may be writing again, pointing to the Madras High Court order of September last year, which had commented strongly against the Ministry for cancelling the multi system operator (MSO) license to Sun TV Network’s subsidiary Kal Cables. The observation had come in a case relating to denial of security clearance as the Maran brothers were facing criminal cases.

     

    As was reported earlier by Indiantelevision.com, the refusal to grant a license could result in the closure of 33 channels of the group, FM channels and print outlets.

     

    During the hearing of the case today, the senior counsel appearing for the petitioner contended that the properties were acquired much before the investigating agencies commenced their probe into the Aircel-Maxis case and questioned why properties of other firms accused in the case have not been attached.

     

    Additional Solicitor General G. Rajagopalan contended that the Supreme Court was monitoring the developments in the case and had also observed that any other court hearing the matter would impede the investigation by the Central Bureau of Investigation (CBI) and the ED.

     

    Following the attachment of two of its properties by the ED on 31 March, Sun TV and Kal Comm Pvt. Ltd. moved the Madras High Court seeking to quash the order. The ED had earlier questioned the maintainability of the petitions in view of the Supreme Court’s directions in the case.

     

    The Supreme Court in a blanket order of 10 February, 2011 and 11 April, 2011 restricted any court from entertaining petitions in the matter. 

  • Sun TV shares dip after ED attaches Marans’ assets

    Sun TV shares dip after ED attaches Marans’ assets

    MUMBAI: South Indian media baron Kalanithi Maran and his brother, the former Union telecom minister Dayanidhi Maran owned Sun TV network is facing some tough times, with the Enforcement Directorate (ED) deciding to close down on the Marans for their alleged involvement in the Aircel-Maxis case.

     

    This in turn has impacted the share price of Sun TV on the bourses. The company’s share prices slumped over 9.44 per cent and closed at Rs 411 on 6 April at the Bombay Stock Exchange (BSE), this against the previous close at Rs 453.85. On the National Stock Exchange (NSE), the scrip fell 10 per cent closing at Rs 410.40 as against its previous close of Rs 456.

     

    The market has reacted to the steps taken by the ED, which had issued an order to attach properties and assets worth Rs 742.58 crore belonging to Kalanithi Maran, his wife Kaveri Kalanithi and his brother Dayanidhi Maran.

     

    The ED’s investigation has revealed that Sun Direct TV Pvt Ltd (SDTPL) is promoted by Kalanithi Maran and Kaveri Kalanithi and they own 80 per cent of its shares. The shareholders of South Asia FM Ltd (SAFL) are Sun TV Network (60 per cent) and 20 per cent each are A.H. Multisoft Pvt Ltd and South Asia Multimedia Technologies Ltd., Mauritius. Kalanithi also holds 75 per cent of Sun TV Network Limited, while he and his wife own 90 per cent and 10 per cent respectively of Kal Comm Pvt. Ltd.

     

    According to the Central Bureau of Investigation (CBI), Dayanidhi Maran used his influence, while he was the Union telecom minister to help a Malaysian businessman, T. Ananda Krishnan, buy Aircel by pressurizing its owner C. Sivasankaran to part with his stake.
     

    Sivasankaran has also alleged that Dayanidhi favoured the Maxis Group in the takeover of his firm. He also said that the company made investments through Astro Network in a firm, purportedly owned by the Marans.

    As per reports, four companies, including the Chennai based Sun Direct, Britain based Astro All Asia Networks, Malaysia based Maxis Communications Berhad and the South Asia Entertainment Holdings of Mauritius, have also been named in charges filed on 29 August, 2014 by the CBI.

     

    The CBI said there was sufficient evidence to prosecute the accused and booked all the accused on the charges of criminal conspiracy under the Indian Penal Code (IPC) as well as the provisions of the Prevention of Corruption Act.