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Aircel-Maxis:法庭否决对马来西亚被告的诉讼
法院今天还无限期休庭(没有指定的恢复日期)，因为它认为对马歇尔和克里希南执行逮捕令的机会非常渺茫。
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这是调查机构作为CBI特别法官在该案件中的第二次挫折天啊2月2日，前电信部长达亚尼迪·马兰、他的兄弟卡拉尼蒂·马兰和两家公司因缺乏定罪材料而被解职。
法院今天还无限期休庭(没有指定的恢复日期)，因为它认为对马歇尔和克里希南执行逮捕令的机会非常渺茫。
它说:“如果没有材料表明被告故意逃避法院的程序，甚至逮捕令都没有作为未执行被收回，就没有理由相信被告已经潜逃。”
Marshall是M/s Maxis Communications Bhd的董事。，Malaysia and M/s Astro All Asia Networks Plc, UK while Krishnan was having the majority shareholding in both companies. Both the firms are also accused in the case.
法庭在休庭时指出，除了两名被告之外，马来西亚政府拒绝继续传唤两家被指控的公司，也是因为他们缺乏双重犯罪行为。
CBI表示，在过去一年里，也没有采取任何措施确保传票送达这两家被指控的公司。
法院表示:“在这种事实情况下，唯一的出路是将案件无限期地移交到记录室，等待执行逮捕令或被告自愿出庭。”
声明称:“当任何一名被告被捕或其中任何四人自愿出庭时，检方将有权恢复此案。”
CBI于2014年8月29日对这四名被告，以及Maran兄弟和两家公司——M/s Sun Direct TV (P) Limited (SDTL)和M/s South Asia FM Limited (SAFL)——提交了一份指控书。
控罪单是根据IPC和《防止腐败法》的相关规定提出的合谋犯罪。
法院于2014年10月29日向马来西亚被告发出传票。
传票发出了四次，但由于马来西亚政府拒绝提交，传票未被送达。
此后，2016年9月24日，对两名被告发出了逮捕令。法庭还下令对四名来自马来西亚的被告和来自印度的被告分别进行审判。
它指出，那些在马来西亚的人出现可能需要很长时间，导致程序延误。
然而，今年2月2日，Maran兄弟和两家公司——SDTL和SAFL——因缺乏定罪材料而被解雇。
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This is the second setback to the probe agency in the case as Special CBI Judge O P Saini<\/a> had on February 2 discharged former Telecom minister Dayanidhi Maran, his brother Kalanithi Maran and two firms for want of incriminating material.
The court today also adjourned the case sine die (with no appointed date for resumption) since it felt that the chances of execution of warrant against Marshall and Krishnan were very bleak.
<\/div><\/div>In its order, the court said that the Malaysian government refused to serve the summonses to the accused residing there. However, there was no material to indicate that they were responsible for this stand of Government of Malaysia or that they were in the know of these proceedings.
\"Where there is no material to indicate that the accused are deliberately evading the process of the court and even the warrants have not been received back as unexecuted, there is no question of having reason to believe that the accused have absconded,\" it said.
Marshall was Director of M\/s Maxis Communications Bhd., Malaysia and M\/s Astro All Asia Networks Plc, UK while Krishnan was having the majority shareholding in both companies. Both the firms are also accused in the case.
While adjourning the case, the court noted that apart from the two accused persons, the Malaysian government has refused to carry forward the summonses on to the two accused firms also for want of dual criminality.
The CBI has also not taken any step in the last one year for ensuring that the summonses are served on these two accused companies, it said.
\"In such a fact situation, the only way out is to consign the case sine die to Record Room awaiting the execution of warrants or voluntary appearance of the accused before this court,\" the court said.
\"Where there is no material to indicate that the accused are deliberately evading the process of the court and even the warrants have not been received back as unexecuted, there is no question of having reason to believe that the accused have absconded,\" it said.
Marshall was Director of M\/s Maxis Communications Bhd., Malaysia and M\/s Astro All Asia Networks Plc, UK while Krishnan was having the majority shareholding in both companies. Both the firms are also accused in the case.
While adjourning the case, the court noted that apart from the two accused persons, the Malaysian government has refused to carry forward the summonses on to the two accused firms also for want of dual criminality.
The CBI has also not taken any step in the last one year for ensuring that the summonses are served on these two accused companies, it said.
\"In such a fact situation, the only way out is to consign the case sine die to Record Room awaiting the execution of warrants or voluntary appearance of the accused before this court,\" the court said.
<\/div><\/div>It also asked the CBI to think a way out to serve the summonses on the companies \"as the State cannot be absolved of its responsibility to effect the service of a court process\".
\"The prosecution would be at liberty to get the case revived as and when any of the accused is arrested or any four of them make voluntary appearance before the court,\" it said.
The CBI had filed a charge sheet against the four accused, along with Maran brother and two firms -- M\/s Sun Direct TV (P) Limited (SDTL) and M\/s South Asia FM Limited (SAFL) -- on August 29, 2014.
The charge sheet was for offence of criminal conspiracy under the IPC and under relevant provisions of the Prevention of Corruption Act.
The court had issued summons against the Malaysia based accused on October 29, 2014.
The summonses were issued four times but returned unserved as the Malaysian government refused to cary forward them.
Thereafter, on September 24, 2016, the arrest warrants were issued against both the accused persons. The court also ordered separate trial of the four Malaysia based accused and those from India.
It had noted that appearance of those based in Malaysia may take a long time leading to a delay in the proceedings.
However, on February 2 this year, Maran brothers and two firms -- SDTL and SAFL -- were discharged for want of incriminating material. <\/div><\/div>
\"The prosecution would be at liberty to get the case revived as and when any of the accused is arrested or any four of them make voluntary appearance before the court,\" it said.
The CBI had filed a charge sheet against the four accused, along with Maran brother and two firms -- M\/s Sun Direct TV (P) Limited (SDTL) and M\/s South Asia FM Limited (SAFL) -- on August 29, 2014.
The charge sheet was for offence of criminal conspiracy under the IPC and under relevant provisions of the Prevention of Corruption Act.
The court had issued summons against the Malaysia based accused on October 29, 2014.
The summonses were issued four times but returned unserved as the Malaysian government refused to cary forward them.
Thereafter, on September 24, 2016, the arrest warrants were issued against both the accused persons. The court also ordered separate trial of the four Malaysia based accused and those from India.
It had noted that appearance of those based in Malaysia may take a long time leading to a delay in the proceedings.
However, on February 2 this year, Maran brothers and two firms -- SDTL and SAFL -- were discharged for want of incriminating material. <\/div><\/div>
Follow and connect with us on Twitter<\/a>, Facebook<\/a>, Linkedin<\/a>, Youtube<\/a><\/div>","HashCode":{"minfo":"277584594","minfoseo":"277584594"},"latestnewsflag":{"minfo":"1.0","minfoseo":"1-0"},"GEPositiveNewsFlag":{"minfo":"1","minfoseo":"1"},"key":{"0":{"keyid":"671656","value":"Aircel-Maxis","smid":"0","keynameseo":"Aircel-Maxis","keytype":"","keycount":"totalcount","weightage":"100"},"1":{"keyid":"771697","value":"T Ananda Krishnan","smid":"0","keynameseo":"T-Ananda-Krishnan","keytype":"","keycount":"totalcount","weightage":"20"},"2":{"keyid":"1710296","value":"Ralph Marshall","smid":"0","keynameseo":"Ralph-Marshall","keytype":"","keycount":"totalcount","weightage":"20"},"3":{"keyid":"361600","value":"O P Saini","smid":"0","keynameseo":"O-P-Saini","keytype":"","keycount":"totalcount","weightage":"20"},"5":{"keyid":"6355578","value":"Court","smid":"0","keynameseo":"Court","keytype":"","keycount":"totalcount","weightage":"20"}},"authorsplit":[],"similarlytagged":[{"msid":"79022608","stname":"Court grants one month to CBI, ED to obtain LRs in Aircel-Maxis case","artsyn":"The case relates to alleged irregularities in the grant of Foreign Investment Promotion Board (FIPB) approval in the Aircel-Maxis deal. 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questions Karti for 2nd time","artsyn":"Karti Chidambaram was first grilled at the central probe agency's office here on April 10 for about ten hours in connection with the case.","seolocation":"telecomnews\/aircel-maxis-pmla-case-ed-questions-karti-for-2nd-time","seolocationalt":"Aircel-Maxis PMLA case: ED questions Karti for 2nd time","url_seo":"aircel-maxis-pmla-case-ed-questions-karti-for-2nd-time"},"63780594":{"msid":"63780594","stname":"Court extends interim protection from arrest to Karti Chidambaram in Aircel-Maxis case","artsyn":"The court had on March 24 granted interim relief to Karti till today after considering that both the investigative agencies had sought time to file their responses on his anticipatory bail plea.","seolocation":"telecomnews\/court-extends-interim-protection-from-arrest-to-karti-chidambaram-in-aircel-maxis-case","seolocationalt":"Court extends interim protection from arrest to Karti Chidambaram in Aircel-Maxis case","url_seo":"court-extends-interim-protection-from-arrest-to-karti-chidambaram-in-aircel-maxis-case"},"63699147":{"msid":"63699147","stname":"Aircel-Maxis case: ED questions Karti Chidambaram","artsyn":"This is the first time the Enforcement Directorate is questioning him in connection with the case, officials said.","seolocation":"telecomnews\/aircel-maxis-case-ed-questions-karti-chidambaram","seolocationalt":"Aircel-Maxis case: ED questions Karti Chidambaram","url_seo":"aircel-maxis-case-ed-questions-karti-chidambaram"},"63143170":{"msid":"63143170","stname":"Malaysian tycoon's $7 billion wipeout turns his India dream into nightmare","artsyn":"Malaysian tycoon T Ananda Krishnan's $7 billion bet on mobile carrier Aircel Ltd may instead go down as one of the biggest-ever flops by a foreign investor in India, a stark reminder that doing business in the world's fastest-growing major economy is often a lot tougher than it looks.","seolocation":"telecomnews\/malaysian-tycoons-7-billion-wipeout-turns-his-india-dream-into-nightmare","seolocationalt":"Malaysian tycoon's $7 billion wipeout turns his India dream into nightmare","url_seo":"malaysian-tycoons-7-billion-wipeout-turns-his-india-dream-into-nightmare"},"62453280":{"msid":"62453280","stname":"CJI recuses from hearing pleas relating to Aircel-Maxis deal","artsyn":"The bench said another bench headed by Justice Arun Mishra, which is already seized of a similar case, would hear the present matters.","seolocation":"telecomnews\/cji-recuses-from-hearing-pleas-relating-to-aircel-maxis-deal","seolocationalt":"CJI recuses from hearing pleas relating to Aircel-Maxis deal","url_seo":"cji-recuses-from-hearing-pleas-relating-to-aircel-maxis-deal"},"62375854":{"msid":"62375854","stname":"SC asks Centre to file status report in Aircel-Maxis deal case","artsyn":"The apex court said the Centre should apprise it about the stage of the pending investigation in the case and what needed to be done.","seolocation":"telecomnews\/sc-asks-centre-to-file-status-report-in-aircel-maxis-deal-case","seolocationalt":"SC asks Centre to file status report in Aircel-Maxis deal case","url_seo":"sc-asks-centre-to-file-status-report-in-aircel-maxis-deal-case"},"62375797":{"msid":"62375797","stname":"CBI failed to challenge 2015 excess spectrum order: Public prosecutor","artsyn":"Grover made the complaint even as the top court bench monitoring telecom cases demanded a status report from the CBI and the Enforcement Directorate on their investigations into alleged irregularities related to the Aircel-Maxis deal.","seolocation":"telecomnews\/cbi-failed-to-challenge-2015-excess-spectrum-order-public-prosecutor","seolocationalt":"CBI failed to challenge 2015 excess spectrum order: Public prosecutor","url_seo":"cbi-failed-to-challenge-2015-excess-spectrum-order-public-prosecutor"},"61876628":{"msid":"61876628","stname":"Aircel-Maxis case: ED conducts raids in Chennai, Kolkata","artsyn":"The ED case pertains to the Foreign Investment Promotion Board (FIPB) approval granted in 2006 by P Chidambaram.","seolocation":"telecomnews\/aircel-maxis-case-ed-conducts-raids-in-chennai-kolkata","seolocationalt":"Aircel-Maxis case: ED conducts raids in Chennai, Kolkata","url_seo":"aircel-maxis-case-ed-conducts-raids-in-chennai-kolkata"},"58787325":{"msid":"58787325","stname":"Aircel-Maxis graft case: HC seeks Marans' reply on CBI plea","artsyn":"Justice I S Mehta issued the notices on the Central Bureau of Investigation's (CBI) plea against the February 2 order of a special court discharging all the accused in the case.","seolocation":"telecomnews\/aircel-maxis-graft-case-hc-seeks-marans-reply-on-cbi-plea","seolocationalt":"Aircel-Maxis graft case: HC seeks Marans' reply on CBI plea","url_seo":"aircel-maxis-graft-case-hc-seeks-marans-reply-on-cbi-plea"},"58744136":{"msid":"58744136","stname":"TDSAT ruling may ease Reliance Communications merger with SSTL","artsyn":"The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) ruled that the (DoT) need not ask for bank guarantees worth Rs. 236 crore from SSTL.","seolocation":"telecomnews\/tdsat-ruling-may-ease-reliance-communications-merger-with-sstl","seolocationalt":"TDSAT ruling may ease Reliance Communications merger with SSTL","url_seo":"tdsat-ruling-may-ease-reliance-communications-merger-with-sstl"},"58738727":{"msid":"58738727","stname":"Aircel-Maxis: Court's no to proceedings against Malaysian accused","artsyn":"The court today also adjourned the case sine die (with no appointed date for resumption) since it felt that the chances of execution of warrant against Marshall and Krishnan were very bleak.","seolocation":"telecomnews\/aircel-maxis-courts-no-to-proceedings-against-malaysian-accused","seolocationalt":"Aircel-Maxis: Court's no to proceedings against Malaysian accused","url_seo":"aircel-maxis-courts-no-to-proceedings-against-malaysian-accused"},"58438535":{"msid":"58438535","stname":"\u200b After Aircel-Maxis case, ED says don't want three-legged race","artsyn":"ED is in a \"three-legged race\" and many courts feel that if the case of the scheduled agency is thrown out, \"then the ED case automatically fails\", ED chief Karnal Singh said.","seolocation":"telecomnews\/-after-aircel-maxis-case-ed-says-dont-want-three-legged-race","seolocationalt":"\u200b After Aircel-Maxis case, ED says don't want three-legged race","url_seo":"-after-aircel-maxis-case-ed-says-dont-want-three-legged-race"},"58417335":{"msid":"58417335","stname":"HC moved over ED summons in Aircel-Maxis deal","artsyn":"Nine companies, which have come under the Enforcement Directorate's radar over money laundering charges in the Aircel-Maxis deal, have filed appeals in the Madras High Court challenging the summonses issued to them by the investigating agency.","seolocation":"telecomnews\/hc-moved-over-ed-summons-in-aircel-maxis-deal","seolocationalt":"HC moved over ED summons in Aircel-Maxis deal","url_seo":"hc-moved-over-ed-summons-in-aircel-maxis-deal"}}}}" data-news-images="[{"msid":"58738756","msname":"","msnameseo":"","mediatype":"1","artdate":"2017-05-18 22:09:00.0","caption":" "}]" data-newsletter-by="0" data-newsletter-date="a" data-hasbottomcarousel="" data-alldetailsopen="0" data-multipleanalyticshit="" data-deeplink="https://ettelecom.app.link?$deeplink_path=" data-socialshareformat="default">
