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HC refuses to interfere in Aircel-Maxis case

Team SoOLEGAL 28 Mar 2017 9:00pm

HC refuses to interfere in Aircel-Maxis case

The Delhi High Court today refused to interfere in the Aircel-Maxis case as the matter is pending before a special court set up by the Supreme Court.

A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal declined to entertain a PIL seeking directions to the 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.

It said even if the allegations made in the petition were assumed to have any substance, appropriate steps need to be taken before the special court.

The judges said that if the directions sought in the PIL by a society were granted then it would not only interfere with the proceedings before the trial court, but would also defeat the purpose of the apex court's order by which the special court was set up to deal with the 2G spectrum scam cases.

"Hence, we are not inclined to entertain this petition and the same is dismissed accordingly," the bench said.

The petitioner, Society for Consumers and Investors Protection (SCIP), had alleged that the CBI was neither implementing the law nor going after some of the accused in the case.

SCIP had sought directions to the 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.

The society had also 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 had also asked for setting aside of the approvals granted to Bharti Airtel for acquisition of 4G spectrum of Aircel.

The society had urged the court to direct the authorities to not grant any further permission for transfer of any spectrum or shares held by Aircel or for change of its management or shareholding pattern till all accused in the case submit themselves before the special CBI court.

The petition had also demanded a probe by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) in respect of the shares, all other valuable assets of Aircel and the property obtained as a result of the Aircel-Maxis deal.

It had alleged that "the accused persons are in the process of liquidating their holdings in Aircel Ltd and its subsidiaries by merging the same with Reliance Communications Ltd and selling its assets to Bharti Airtel and running away".


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