NEW DELHI: Most of the accused in the Aircel-Maxis case, including former union telecom minister Dayanidhi Maran and his industrialist brother Kalanidhi, have been discharged by a special CBI court. The court said 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" and speculation and surmises of the complainant.
Following a complaint from Chennai-based telecom promoter C Sivasankaran, the Marans along with others, were charged with criminal conspiracy and corruption for receiving "proceeds of crime", totalling £74.25 and laundering the amount. However, special CBI judge O P Saini observed there was no existence of proceeds of crime. He said that the fact that the Marans are brothers and shareholders in companies, are not indicative of any conspiracy, as he discharged the accuses. "I may indicate their close association but nothing beyond that," he said.
Saini said, "These (facts) may create a perception or 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. The perception or suspicion is required to be investigated and supported by legally admissible evidence, which is wholly lacking in this case." He added that he was "satisfied... that the entire case is based on contradictory statements of the witnesses."
The court heard two different matters related to the Aircel-Maxis deal- one lodged by the CBI in 2011 and another by the Enforcement Directorate in 2012. The Maran brothers and Sun Direct TV Pvt Ltd were accused in both cases.
