The Supreme Court on Thursday refused to restrain CBI from filing charge sheet against former Telecom Minister Dayanidhi Maran in Aircel-Maxis deal case arising out of the investigation in the 2G spectrum allocation scam.
A bench headed by Justice HL Dattu said that the plea of Maran is "premature" and law does not allow it to restrain the agency from filing charge sheet againt him.
"Don't ask us to injunct CBI from filing charge sheet. You can't be seeking negative prayer," the bench, also comprising Justices S A Bobde and Abhay Sapre, said.
The bench said that the former DMK MP can challenge the charge sheet after it is filed. The Aircel-Maxis deal also involved Kuala Lumpur-based business tycoon T Ananda Krishnan.
Senior advocate CA Sundaram, appearing for Maran, submitted that the agency is proposing to file charge sheet despite the probe in the case still going on and once the charge sheet is placed before the trial court "there will be stigma on me (Maran)".
The bench, which gave a patient hearing said, "We understand the repercussion. We may look into it if you say that charge sheet filed is defective. Till such time don't ask us to injunct CBI from filing chargesheet." "It is not permissible in law," it further said.
The bench said that investigators in the case have favoured filing of charge sheet and even the hightest Law officer in the country (Attorney General endorsed it) and it would be "too premature" to restrain the CBI.
At the end of the proceeding, Maran's counsel also said that the case is not arising out of 2G scam and it should not be heard by a special CBI court dealing with the multicrore scam. The bench, however, said that he can raise the issue in the appropriate court.
Facing threat of being chargesheeted, Maran on Wednesday approached the Supreme Court for restraining CBI from filing charge sheet against him. In his plea, Maran alleged that CBI is proposing to file charge sheet out of political vendetta as the probe in the case is still not complete.
He submitted that the agency is yet to receive information from Malaysian authorities from which the CBI had sought information regarding the deal.
