SC to screen CBI file on P Chidambaram in Aircel-Maxis case

NEW DELHI: The Supreme Court on September 23 will scrutinize the CBI's sealed cover report detailing its probe into alleged irregular Foreign Investment Promotion Board (FIPB) clearance to the Rs 3,500 crore Aircel-Maxis deal in 2006 and highlights of its examination of former finance minister P Chidambaram.

BJP leader Subramanian Swamy on Wednesday complained before a bench of Chief Justice H L Dattu and Justice Arun Mishra that the CBI was maintaining a studied silence in the case and had not done anything after questioning the former finance minister.

Advocate Prashant Bhushan, appearing for Centre for Public Interest Litigation, also complained that the CBI had not made any progress since registering a preliminary enquiry (PE) into alleged kickbacks received by the DMK's first family through the alleged nexus between former Tamil Nadu chief minister M Karunanidhi and IPS officer Jaffar Sait.

He said this nexus came to light through certain audio tapes of telephone conversations between Sait and others. "We need to know what the fate of the PE is," Bhushan said.

Appearing as amicus curiae, senior advocate K K Venugopal informed the court that the sealed cover report submitted to the court by the CBI detailed the progress in probe into the FIPB clearance, examination of Chidambaram and the alleged kickbacks to the DMK's first family.

CBI sources said the agency's probe so far has not yet found a link between the FIPB clearance and criminality. They were quick to clarify that the probe was not yet complete as the agency had some doubts over the meaning of the words in the policy decision about FIPB clearance and its implementation on the ground.

"We have sought responses from various departments on the manner in which policy decisions on FIPB clearance was implemented in the past. We have not yet received responses from them," sources said.

It was alleged that the issue of FIPB clearance to the Aircel-Maxis deal should have been referred to the Cabinet Committee on Economic Affairs (CCEA) headed by the prime minister as this body alone was empowered to clear foreign investments above Rs 600 crore.

Immediately after the CBI examined Chidambaram in December last year, the former finance minister had said, "They (CBI) took a brief statement from me on the FIPB approval. I repeated what I said in my press statement earlier. Nothing more than that.

"In the Aircel-Maxis case, the FIPB sought the approval of the finance minister in accordance with the rules. The case was submitted through the additional secretary and secretary, department of economic affairs. Both of them recommended the case for approval. Approval was granted by me, as finance minister, in the normal course."

He had further said, "I understand that the officials of FIPB who dealt with the matter have explained to the CBI that under the rules, as they stood then, the case required only the approval of the finance minister. I am sure the files will bear out the correctness of this position."

In its charge-sheet in the Aircel-Maxis case, the CBI had named former telecom minister Dayanidhi Maran, his brother Kalanithi Maran, T Ananda Krishnan, Malaysian national Augustus Ralph Marshall and four firms -- Sun Direct TV Pvt Ltd, Maxis Communication Berhad, South Asia Entertainment Holding Ltd and Astro All Asia Network PLC -- as accused in the case.

The CBI had alleged that Maran as telecom minister had "pressurized" and "forced" Chennai-based telecom promoter C Sivasankaran to sell his stake in Aircel and two subsidiary firms to Malaysian firm Maxis in 2006. The Malaysian firm was granted licence within six months after the takeover of Aircel in December 2006.