SC recalls order on Marans moving HC

CBI said matter was to be heard by CJI bench

The Supreme Court on Friday recalled its order allowing former telecom minister Dayanidhi Maran and his brother to approach the Delhi High Court (HC) on summons issued against them as accused in the Aircel-Maxis case.

The decision came as the CBI had pointed out that the matter was to be heard by a bench presided over by Chief Justice of India (CJI) H L Dattu. A bench of Justices V Gopala Gowda and R Banumathi, which said on Friday morning that it could not interfere with the 2G special court's order of October 29 last year seeking appearance of the Marans before it on March 2, withdrew its order asking the petitioners to approach the Delhi High Court.

As the court was to rise at about 1:10 pm after hearing all the listed cases, Additional Solicitor General (ASG) Pinky Anand pointed out that all petitions pertaining to the 2G scam case were to be taken only by the Supreme Court's bench headed by the CJI, prompting the bench to recall its order.

“In view of the statement made by the ASG, the orders passed in the morning were recalled. Registry was directed to place these matters before the Chief Justice of India for appropriate orders. After passing the orders, it has come to the notice of the court that they were listed before this bench as per the subject category (Prevention of Corruption Act cases) allocated after taking directions of the Chief Justice of India,” said the bench. The court posted the matter for hearing on February 9.

On Friday morning, senior advocate C A Sundaram, appearing for the petitioner, contended that the case pertaining to the Aircel-Maxis deal was not be heard by the 2G court. He also submitted that the petitioners had no remedy except to approach the apex court in view of the earlier order restraining any HC to entertain any plea.

The bench, however, told counsel that the petitioners could approach the HC with their plea. “If you can't go to the HC, we are saying we are satisfied with the order of the special court. No case for interference is made out as charge sheet has been filed and cognisance has been taken in the matter,” it said.