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Aircel-Maxis Case: Court Issues Arrest Warrant For Malaysia’s Ananda Krishnan

A special 2G Court issued non-bailable arrest warrants against its billionaire T Ananda Krishnan



T Ananda Krishnan, Chairman, Usaha Tegas Sdn Bhd (Photographer: Scott Eells/Bloomberg)
T Ananda Krishnan, Chairman, Usaha Tegas Sdn Bhd (Photographer: Scott Eells/Bloomberg)

In a major setback to Malaysia’s Maxis Group, a special 2G court on Saturday issued non-bailable arrest warrants against its billionaire promoter T. Ananda Krishnan in connection with a phone-license corruption investigation.

The special court hearing cases related to irregularities in the allocation of 2G spectrum gave its judgment on the Central Bureau of Investigation’s plea. The court also granted a warrant for Ralph Marshall, deputy chairman at Krishnan-controlled Astro All Asia Plc.

While giving the order, Special Judge OP Saini stressed on the need to protect the interest of the “state and society” along with the interest of the accused. “When the police authorities cannot serve the summons on the accused, despite their best efforts, it is well within the Court’s discretion to recall its earlier order of summons and substitute it with warrants,” records the order.

Saini hit out at Maxis counsel’s arguments that once summons have been issued warrants cannot be issued midway without determination of any fault. The judge observed in his order: “Is the criminal code so rigid that it allows no flexibility, whatever maybe the situation? Should the case be allowed to stagnate?”

The court has further ordered separation of Indian and Malaysia-based accused trial so that there is “early and convenient disposal of trial” which does not lead to “miscarriage of justice.”

The companies accused in the case are Sun Direct TV Pvt. Ltd, Maxis Communication Berhad, South Asia Entertainment Holding Ltd. and Astro All Asia Networks Ltd.

The CBI had told the court earlier that they will approach the Interpol and seek a red corner notice against the Malaysia-based companies and individuals after the special court gives an order on arrest warrants.

The special court ruled last week that it has the jurisdiction to hear the Aircel-Maxis case. Saini dismissed all applications filed by the accused in the case and ruled that the court can hear and treat Aircel-Maxis as a 2G case.

South Asia Entertainment Holdings Limited, one of the accused companies, has challenged the special court’s order on jurisdiction before the Supreme Court. The apex court will hear the company’s plea seeking separate trial and its arguments that Aircel Maxis is a not a 2G case on September 27.

The CBI moved court in August seeking issuance of arrest warrants. The investigative agency told the court that several attempts were made to serve summons to the companies in Malaysia but none of the accused have appeared since 2014.

Special Public Prosecutor Anand Grover told the special 2G court that the Malaysian Attorney General has asked “exhaustive questions” about Indian courts’ manner of deciding criminal cases and has sought justification on every point in the chargesheet filed by CBI.