HC sets aside CBI court's order discharging Maran brothers

Chennai: The Madras High Court on Wednesday quashed a CBI court order discharging former communications minister Dayanidhi Maran and others in the case of alleged setting up of "illegal" telephone exchanges to benefit the Sun TV Network of his brother Kalanithi Maran, holding there was 'heaps' of materials against them.

Allowing the CBI's criminal revision petition against their discharge, Justice G Jayachandran directed the special court to frame charges and conclude the trial within a year from the date of receipt of the copy of the high court order.

"This court is fully satisfied that heaps and heaps of materials are available to frame charges against all the accused. None of the reasons given by the trial court to discharge them is sustained in law," he said in his order.

The discharge order was "perverse and illegal" and bound to be set right for multiple reasons, the judge said adding that parameters laid down by the Supreme Court were grossly violated by the CBI court judge.

Referring to the arguments by counsel for Dayanidhi that he was instrumental in popularising broadband during his tenure, the Judge said it did not mean that he can claim privilege of unlimited usage of that facility for his brother and his business establishment free of cost.

"In a democratic country, an elected representative can never think like that nor the judicial system tolerates and entertains such thought," he said.

The special CBI court here had on March 14 discharged the two Maran brothers and five other accused, holding there was no prima facie case against them.

The case relates to the time when Dayanidhi, a grandnephew of DMK chief M Karunanidhi, was the minister for communications and information technology in the UPA-I government.

The CBI has alleged he misused his official position and got private telephone exchanges installed at his residences here which were used for business transactions of the Sun Network.