SC refuses prosecutor's plea against release of Marans' properties

The Supreme Court on Wednesday refused to entertain a plea by the special public prosecutor against the release of properties worth Rs 750 crore of former Union minister Dayanidhi Maran and others following their discharge by a trial court in the Aircel-Maxis case.

A three-judge bench presided over by Chief Justice J S Khehar also turned down a plea by senior advocate Anand Grover, who was appointed special public prosecutor in 2G spectrum cases, for clarification if the appeal in the matter would lie with the HC or the apex court.

“Why should we tell you what you should do? You go where you want to go. We cannot tell you where to go. Should we tell every litigant that you go to that or this court? Is that the work the Supreme Court should do from morning to evening,” the bench, also comprising Justices N V Ramana and D Y Chandrachud, questioned the senior advocate.

Grover, in a special leave petition filed in his personal capacity, sought direction to the 2G special court not to release the attached properties of the accused till their appeal in the matter was decided.

As the bench indicated its mind, the prosecutor preferred to withdraw his petition.
A day after discharge of Maran, his brother Kalanithi and others on February 2, the prosecutor had sought similar direction from the apex court.

Disagreeing with his plea, the bench had then questioned the prosecutor as to why he approached the apex court directly. Though he, along with NGO CPIL advocate Prashant Bhushan, submitted that the court had in 2011 restrained  HCs from entertaining any plea relating to the 2G case, the bench said, the discharge order passed by the special court was final and could be challenged in the HC.