SC refuses to intervene in a summon against Marans in Aircel-Maxis deal

In a setback to former telecom minister Dayanidhi Maran and his brother Kalanithi, the Supreme Court (SC) on Monday refused to intervene in a summon issued against them by the 2G special court in the Aircel-Maxis deal case.

The Marans had argued that the special court had no jurisdiction to summon them as the deal concerned a "personal dispute" and had no relation to the 2G spectrum scam.

But an SC Bench headed by Justice V. Gopala Gowda- who also refused to allow them to approach the Delhi High Court (HC)-observed that the Marans should question the "jurisdictional aspect" before the special court itself.

The Marans have challenged the jurisdiction of the special court, set up exclusively to try cases related to the 2G scam and cancellation of the 122 telecom licences allegedly allotted illegally to companies.

Hours after declining to entertain their plea and asking the Marans to approach the HC against the trial court order summoning them as accused, the Bench had recalled its order on February 6.

The order was recalled after the Central Bureau of Investigation mentioned that the SC judgments and orders were clear that no court, other than the top court, is entitled to hear any appeal arising out of the 2G scam cases.

However, the Chief Justice of India had asked the Bench to look into the issue afresh.

The Bench, after hearing all the parties, passed the order with the observation, "We are not inclined to pronounce judgment that whether it is a 2G case or not. You have to go before the special court and agitate there and get an order. We are bound by the judgments of this court."