Aircel-Maxis deal: Accused because I am Dayanidhi's brother, Kalanithi to court

New Delhi: Businessman Kalanithi Maran on Tuesday charged the Enforcement Directorate with cooking up an "incomplete and malicious story" to prosecute him in the Aircel-Maxis money laundering case as he was the brother of former Telecom Minister Dayanidhi Maran.

He made the submissions before Special Judge O P Saini while advancing arguments on framing of charge against him.

He is accused in the case along with his wife Kavery Kalanithi, brother Dayanidhi Maran, Managing Director of South Asia FM Ltd (SAFL) K Shanmugam, SAFL and Sun Direct TV Pvt Ltd (SDTPL).

"I (Kalanithi) am being prosecuted because I am the brother of Dayanidhi Maran. The ED filed a case against Dayanidhi and just because Kalanithi is his brother, he is also made an accused in the case," senior advocate Kapil Sibal, appearing for Kalanithi, said.

The counsel said that "Kaveri is the wife of Kalanithi, and therefore she is damned", adding that "it's an incomplete and malicious story cooked by ED."

He also took strong objection to ED's claim that "there were money transactions which allegedly showed that SDTPL and SAFL had received Rs 742.58 crore as 'proceeds of crime' from Mauritius-based firms in the Aircel-Maxis deal."

"It was a business transaction. All the transaction was done under the careful watch of government agencies. How can it be 'proceeds of crime'," the counsel asked.

The court had summoned the six accused after taking cognisance of ED's chargesheet against them under provisions of the Prevention of Money Laundering Act (PMLA), saying there was "enough incriminating material" to proceed against them.

ED has chargesheeted the six accused under provisions of the Prevention of Money Laundering Act (PMLA).

During arguments earlier, ED's special prosecutor N K Matta had claimed that there were money transactions which allegedly showed that SDTPL and SAFL had received Rs 742.58 crore as "proceeds of crime" from Mauritius-based firms in the Aircel-Maxis deal.

The agency had claimed that "proceeds of crime" amounting to Rs 549.03 crore and Rs 193.55 crore were received by SDTPL and SAFL, allegedly controlled by co-accused Kalanithi, through various Mauritius-based entities.

The ED prosecutor had referred to the details of money transactions between these firms and alleged that SDTPL had received Rs 549.03 crore from Mauritius-based firm M/s South Asia Entertainment Holding Ltd.

ED had earlier alleged before the court that Dayanidhi had generated funds worth Rs 742.58 crore through illegal means and there was sufficient prima facie material to proceed against him and other accused in the case.

It had then alleged that Dayanidhi had obtained "illegal gratification" of Rs 742.58 crore and the money was "parked" in the firms of Kalanithi by projecting it as untainted.

ED had also claimed that Kalanithi was controlling both SDTPL and SAFL, where the money was infused through Mauritius -based companies.

In August 2014, the CBI too had chargesheeted the Maran brothers, Malaysian business tycoon T Ananda Krishnan, Malaysian national Augustus Ralph Marshall and four companies, Sun Direct TV Pvt Ltd, Maxis Communication Berhad, South Asia Entertainment Holding Ltd and Astro All Asia Network PLC in the case.

CBI had alleged that Dayanidhi had "pressurised" and "forced" Chennai-based telecom promoter C Sivasankaran to sell his stakes in Aircel and two subsidiary companies to Malaysian firm Maxis Group in 2006.

All the accused have denied all charges levelled against them by these investigating agencies.