The Delhi High Court on Friday appeared disinclined to interfere in Aircel-Maxis case
involving former Union Minister Dayanidhi Maran, saying the matter was sub-judice in a competent court.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal expressed this view while reserving its order on a PIL for directions to CBI to move the trial court for “attachment and forfeiture of shares and all the assets of Aircel Ltd”, as held by Maxis and its subsidiaries.
During the brief hearing, advocate Amit Khemka, appearing for the petitioner society, said if the high court was not going to interfere then he be given liberty to approach the trial court which be directed to hear him.
The bench, however, said it will not say so and asked him to take appropriate remedies under the law.
“The matter is sub-judice. It is being heard by competent court. We will not interfere in the matter when it is sub-judice,” the bench said.
To this the lawyer said he will not be heard by trial court and further argued that CBI was not implementing the law by not going after some of the accused in the case.
The bench then said it will consider the issues raised in the plea and will pass orders. “Judgement reserved,” it said.
The petitioner, Society for Consumers and Investors Protection (SCIP), has sought directions to CBI to make several subsidiary companies of Maxis Communications as accused in the Aircel-Maxis case, which arose out of the 2G spectrum allocation scam.
Apart from that, the society has sought directions to the Department of Telecommunications, SEBI, Telecom Regulatory Authority of India and Foreign Investment Promotion Board to
set aside the approvals granted to Reliance Communications Ltd for a merger of its wireless business with that of Aircel.
It has also sought setting aside of the approvals granted to Bharti Airtel for acquisition of 4G spectrum of Aircel.