Reprieve for Malaysians in Aircel deal case

Second setback for CBI after Marans' discharge

In an embarrassment to the CBI, a court here on Thursday refused to initiate proceedings to declare Malaysian nationals Ralph Marshall and T Ananda Krishnan as absconders in the Aircel-Maxis deal case saying it was not clear whether they deliberately evaded the summonses.

This is the second setback to the probe agency in the case as Special CBI Judge O P Saini had on February 2 discharged former Telecom minister Dayanidhi Maran, his brother Kalanithi Maran and two firms for want of incriminating material.

The court on Thursday also adjourned the case sine die (with no appointed date for resumption) since it felt that the chances of execution of warrant against Marshall and Krishnan were very bleak.

In its order, the court said that the Malaysian government refused to serve the summonses to the accused residing there. However, there was no material to indicate that they were responsible for this stand of Government of Malaysia or that they were in the know of these proceedings.

“Where there is no material to indicate that the accused are deliberately evading the process of the court and even the warrants have not been received back as unexecuted, there is no question of having reason to believe that the accused have absconded,” it said.

Marshall was Director of M/s Maxis Communications Bhd., Malaysia and M/s Astro All Asia Networks, UK, while Krishnan was having the majority shareholding in both companies. Both the firms are also accused in the case.

While adjourning the case, the court noted that apart from the two accused persons, the Malaysian government has refused to carry forward the summons on to the two accused firms also for want of dual criminality.

The CBI has also not taken any step in the last one year for ensuring that the summons are served on these two accused companies, it said.