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Supreme Court threatens to take Aircel spectrum if owners do not appear before court within 2 weeks
TT Correspondent |  |  07 Jan 2017

The Supreme Court (SC) of India, on Friday threatened to transfer the 2G spectrum licences of the Malaysia-based Aircel Maxis, if its promoter failed to respond to the final summons and appear in court on January 27.

A bench headed by Chief Justice J S Khehar also proposed to restrain earning of any revenue by using the 2G spectrum licences which were originally granted to Aircel in 2006.

The bench also comprising Justices N V Ramana and D Y Chandrachud said that the instant order is being issued to bring to the notice of Malaysian businessman T Ananda Krishnan, the owner of Maxis group, to make his appearance in the apex court.

It said that if Ananda Krishnan and Ralph Marshall of Maxis fail to make appearance in the apex court on Jan 27, the 2G licences granted to Aircel shall be seized.

"We can't allow anyone to use the assets of this country and run away from the process of law. If he wants to use the spectrum, he must come here and face the law," the court said.

The apex court also stayed the sale and transfer of the company's licences to any other company. To compel the accused to appear, the SC said that it would pass an order restraining the company from earning revenues from its 2G spectrum.

"We cannot tolerate a person to use rare national resources like spectrum and not honour the court's notice," the Bench said.

It further directed the Department of Telecommunications and the Ministry of Communication and Telecom to be prepared to ensure that Aircel subscribers are not affected and they get services from some other network provider.

The Centre was also directed to publish these summonses in two leading newspapers in Malaysia so that Maxis and others are officially apprised of the mandate. The SC has decided to hear the matter on February 3.

Special Judge OP Saini, presiding over all 2G matters in Patiala Court, had issued warrants against the four in September 2016 in response to the CBI's plea. In its 27-page order, the special court said that the Malaysian authorities have categorically denied to effect the service (in facilitating the production of the accused from Malaysia). In such a situation, the court felt the only way left was to approach the Interpol.

"An open and perpetual warrant of arrest be issued against Ralph Marshall and T Anantha krishnan as prayed by the prosecution (the CBI)," the special court ruled.

According to the CBI, then telecom minister Dayanidhi Maran compelled Chennai-based C Sivasankaran's telecom company Aircel to sell his majority stake to Maxis.

    
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07 Jan 2017(IST)  
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