शिमला।45000करोड़़ के टेलीकॉम घोटाले में घिरने के बाद अब मोदी सरकार का नया चेहरा सामने आया है।नए खुलासे के मुताबिक 2स्पैक्ट्रम घोटाले में घिरी एयरसेल/मेक्सिम के खिलाफ मोदी सरकार की इडी व सीबीआई ने एयरसेल/मेक्सिम की प्रापर्टी अटैच नहीं की है। जबकि मेक्सिम के कर्ताधर्ताओं को अदालत की ओर से बार-बार सम्मन जारी करने के बावजूद वो अदालत में पेश नहीं हो रहे हैं। ये खुलासा किसी और ने नहीं सुप्रीम कोर्ट के वरिष्ठ वकील प्रशांत भूषण ने इडी व सीबीआई के निदेशकों को लिखी चिटठी में किया है।
चिटठी में ये भी खुलासा कियाा है कि एयरसेल/मेक्सिम उसे आवंटित स्पैक्ट्रम को रिलायंस व भारती एयरटेल को हजारों करोड़ों में बेचने जा रही हैं। ये दोनों कारपोरेट घराने प्रधानमंत्री मोदी के करीबी बताए जाते हैं।
प्रशांत भूषण ने प्रधानमंंत्री मोदी की सीबीआई के निदेशक और जेटली की इडी के निदेशक को चिटठी में लिखा कि अगर एयरसेल/मेक्सिम को रिलायंस व भारती एयरटेल को बेचने की इजाजत दे दी तो तो एयरसेल को कानून के शिकंजे से बाहर कर दिया जाएगा व वो हजारों करोड़ रुपयों को लेकर फरार हो जाएगी। इसलिए इसकी प्रापर्टी को अटैच किया जाए।
प्रशांत भूषण की ओर सीबीआई व ईडी के निदेशकों को लिखी ये चिटठी पढ़े यहां-:
Dated: July 8, 2016
1) The Director
Directorate of Enforcement
2) The Director
Central Bureau of Investigation
Sub: Inaction against Aircel/Maxis in 2G spectrum scam
I write to you concerning the inaction against Aircel/Maxis in the 2G spectrum scam by the CBI and ED. The CBI has filed a detailed chargesheet against Aircel/Maxis, its Malaysian owner Ananda Krishnan, former telecom minister etc. The ED has also filed cases against them and has attached properties of former telecom minister.
However, it is strange and disturbing that while properties of former telecom minister and Sun Direct Tv are being attached, but the assets of Aircel/Maxis in India have not been attached. This has happened despite the fact that Maxis and its owner have evaded summons issued by the Special Court and have not appeared before the Court.
The main asset of the company Aircel is the Spectrum allotted to it by the Government. Spectrum, which is a precious natural resource belonging to the people of India, has been allotted to Aircel/Maxis by the Government. Today, the company is attempting to quickly sell-off its allotted Spectrum to Bharti Airtel and Reliance Communications for thousands of crores, and exit the market with huge sums of money.
If the deal between Aircel & Bharti Airtel and the deal between Aircel & Reliance Communications is allowed to go through, then that would allow Maxis to escape the arm of law and abscond with thousands of crores of money. Spectrum is the real asset held by Aircel and the same needs to be attached immediately.
The facts of the case are:
Aircel is owned by Malaysia-based Maxis Communications, which holds 74% equity stake and the rest 26% is with Sindya Securities and Investments Ltd. Maxis had earlier informed Malaysian stock exchanges that it owned 99.7% stake in Aircel.
CBI charge sheet against Maxis and its promoter Ananda Krishnan
On August 29, 2014, the CBI filed charge sheet in the 2G special court saying that Mr. Dayanidhi Maran had entered into a criminal conspiracy with T. Ananda Krishnan (owner of Malaysian company Maxis), and coerced the original promoter of telecom company Aircel to sell his shares to Ananda Krishnan in lieu of investments by Maxis Group into Sun Direct TV Pvt. Ltd (owned by Maran brothers).
Charge sheet was filed against Dayanidhi Maran, Kalanidhi Maran; T. Ananda Krishnan, Ralph Marshall (executive of the Maxis Group), and four firms – Maxis Communication Berhad, Astro All Asia Network PLC, Sun Direct TV Pvt. Ltd., South Asia Entertainment Holdings, Mauritius.
Charge sheet was filed under section 120-B (criminal conspiracy) of IPC and the Prevention of Corruption Act
Ananda Krishnan, Maxis and Ralph Marshall do not comply with court summons
On October 29, 2014, the special court issued summons to T. Ananda Krishnan, Ralph Marshall, Maxis Communications Berhad, and Astro All Asia Network PLC. However, they did not comply with court orders.
The Court issued fresh summons on March 16, 2015. They did not comply with court orders.
On August 3, 2015, the Court issued fresh summons to them. However, they did not comply with Court orders.
On December 7, the Court issued fresh summons to the four accused and the special judge O. P. Saini fixed the matter for further hearing on July 11, 2016.
CBI informed the Court that the Malaysian authorities are not co-operating.
ED issues summons to Ralph Marshall
On January 23, 2016, the Enforcement Directorate issued summons to Ralph Marshall, former director of Maxis Communications Bhd. However, he has not yet complied with the ED orders.
Aircel finalises deal to sell 4G spectrum to Airtel for Rs 3,500 crore
Interestingly, Aircel promoters started process of selling the Spectrum and the equity in December. It is desperate to complete all the deals by July 2016.
On April 8, 2016, Airtel announced that it would acquire 4G Spectrum of Aircel in Tamil Nadu, Chennai, Bihar, West Bengal, J&K, Assam, North East, Andhra Pradesh and Odisha.
Bharti informed the Bombay Stock Exchange that “Bharti Airtel and its subsidiary Bharti Hexacom have entered into definitive agreements with Aircel Ltd and its subsidiaries Dishnet Wireless Ltd. and Aircel Cellular Ltd. to acquire rights to use 20 MHz of 2300 band 4G spectrum for eight circles for an aggregate consideration of Rs 3,500 crore,”
Maxis finalises deal to sell its equity in to RCOM
On June 23, Reliance Communications (RCOM) announced that RCOM and Maxis Communications Berhad and Sindya Securities and Investments Pvt. Ltd, the shareholders of Aircel Ltd expect to sign binding documentation and announce the proposed transaction of the Indian Wireless business of RCOM and Aircel shortly. This was informed to the BSE.
It is clear that Maxis wants to sell all Spectrum and stake in Aircel.
ED has attached Rs Rs 742 cr assets of Maran in the same case and filed chargesheet
On April 2, 2015, ED issued an order under the Prevention of Money Laundering Act (PMLA) for attachment of assets held by Dayanidhi Maran, his brother Kalanithi. Subsequently, Marans were charge sheeted by ED for money laundering.
Freeze Spectrum and do not permit Maxis to sell or merge its equity with other companies
For a Telecom operating company, Spectrum is the main asset. Maxis should not be allowed to sell spectrum and equity unless all the accused – Mr. Ananda Krishnan, and the firm Maxis comply with summons issued by the 2G special court.
When action has been taken against former minister Mr. Dayanidhi Maran, another accused in the case, why no action is taken against Ananda Krishnan and Maxis.