Chennai: Former union minister Dayanidhi Maran and his media baron brother Kalanidhi Maran have suffered a major setback. The Madras high court, on Wednesday, dismissed the petitions filed by Sun TV network Ltd and Kal Comm Pvt.Ltd, seeking to quash an order of the Directorate of Enforcement attaching its properties worth Rs 740 crore in connection with the money laundering probe in Aircel-Maxis deal.
Pointing out that as per the interim orders of the Supreme Court, Justice M Sathyanarayanan said the court would not pass any orders which may impede the ongoing Enforcement Directorate investigations. He said, "This court finds that the petitions are not maintainable before this court and they are dismissed. The petitioners, if so advised, are at liberty to approach the Supreme Court for redressal of their grievance".
Referring to the preliminary objection raised by Additional solicitor general G Rajagopal, the judge said it was not in serious dispute that the present petitions related to Aircel-Maxis case and the interim orders passed by the apex court disclose that it was monitoring the investigation in the case and getting periodical reports.
The CBI, after registering the case, completed the investigation and filed charge sheet on August 29, 2014 before the Special Judge for CBI cases (2G Spectrum case) at New Delhi. The ED has also registered a separate case on February 7, 2012 against certain individuals, companies and other unknown officials / persons and the investigation was pending.
During the pendency of the investigation, the ED has passed the impugned orders of provisional attachment, which was the subject matter of challenge in these petitions. The Supreme Court, in its interim order, stated that no court shall pass any orders which may in any manner impede the investigation being carried by the CBI and ED, which includes proceedings under the Prevention of Money Laundering Act (PMLA).
Proceedings under section 5 (1) of PMLA also come under the definition of investigation and this court accepts the first preliminary objection raised by ASG, the judge added. On the second preliminary objection relating to whether the petitions were maintainable in the light of alternative remedies available, the court said it was not inclined to go into the same as it cannot give any findings as to whether the impugned orders were maintainable or petitioners have to avail the alternative remedy available under the PMLA, the judge added.
In 2011, the CBI had filed an FIR against the Maran brothers, Malaysian businessman T. Ananda Krishnan, Maxis communications, Sun Direct TV and Astro All Asia networks. Subsequently, the ED, New Delhi registered a case for investigation of offence of money laundering under PMLA against the same persons. Pursuant to CBI filing charge sheet on August 29, 2014, the ED passed the present order, dated March 31, 2015 attaching the properties.
