Aircel Maxis case: Enforcement Directorate files supplementary chargesheet against P Chidambaram, 8 others in Delhi court
In July, Chidambaram and his son Karti Chidambaram were named in a charge sheet by the CBI in the Aircel-Maxis deal case.
In the Aircel-Maxis case, former Union minister P Chidambaram has been named as the accused along with eight others. The Enforcement Directorate has filed a supplementary chargesheet in Delh's Patiala House High Court.
Aircel-Maxis case: Enforcement Directorate files supplementary chargesheet in Delhi's Patiala House Court. Total nine including P Chidambaram listed as accused the chargesheet. pic.twitter.com/IBmg7dXebl
— ANI (@ANI) October 25, 2018
This is the second chargesheet against Chidambaram in the case.
#BREAKING | ED files chargesheet against former Finance Minister P Chidambaram (@pchidambaram_in) in Aircel-Maxis case. This is the 2nd chargesheet being filed by ED in the case. P Chidambaram is accused No. 1 in chargesheet. | #AircelMaxisCase #ChidambaramChargesheeted pic.twitter.com/VShQqGUoJK — News18 (@CNNnews18) October 25, 2018
The ED tweeted that it had filed supplementary prosecution complaint in the case
ED files supplementary prosecution complaint in Aircel Maxis case against P. Chidambaram, S. Bhaskararaman, M/s Aircel Televentures Ltd., Augustus Ralph Marshall resident of Malaysia & others under PMLA for illegal FIBP approval by P.Chidambaram in March, 2006. — ED (@dir_ed) October 25, 2018
The case so far In July, Chidambaram and his son Karti Chidambaram were named in a charge sheet by the CBI in the Aircel-Maxis deal case. The agency filed its supplementary charge sheet before special CBI judge O P Saini who fixed it for considering on 31 July. The CBI was conducting probe as to how Chidambaram, who was the finance minister in 2006, granted Foreign Investment Promotion Board (FIPB) approval to a foreign firm when only Cabinet Committee on Economic Affairs (CCEA) was empowered to do it. The senior Congress leader's role had come under the scanner of investigating agencies in the Aircel-Maxis deal of Rs 3,500 crore and INX Media case involving Rs 305 crore.
In its charge sheet filed earlier in the case against former telecom minister Dayanidhi Maran, his brother Kalanithi Maran and others, the agency had alleged that Chidambaram had granted FIPB approval in March 2006 to Mauritius-based Global Communication Services Holdings Ltd, a subsidiary of Maxis.
The Maran brothers and other accused, who were listed in the CBI charge sheet earlier, were discharged by the special court which had said that the agency had failed to produce any material against them to proceed with the trial. The CBI had alleged in the charge sheet against the Marans that Global Communication Services Holdings Ltd had sought FIPB approval for $800 million for which only the CCEA was competent, but Chidambaram had given approval to the firm in March 2006. It had claimed that the finance minister was competent to accord approval on project proposals of up to Rs 600 crore and proposals beyond this required the approval of the CCEA. The Enforcement Directorate is also probing a separate money laundering case in the Aircel-Maxis deal in which Chidambaram and Karti have been questioned by the agency. Both Chidambaram and Karti have denied the allegations levelled against them by the CBI and ED.
Chargesheet filed against Chidambaram
In the first week of October, a Delhi court had granted seven weeks to the Central Bureau of Investigation (CBI) to obtain sanction to prosecute Chidambaram and other serving or former public servants in the Aircel-Maxis deal case. The court pulled up the agency for filing the chargesheet without proper sanction and told the CBI that if required documents are not filed by 26 November, the next day of the hearing, the court may take appropriate action. "You (CBI) should not have filed the chargesheet. It is only increasing the pendency of the court. A lot of time of the court has been wasted due to this," Special Judge O P Saini said.
The agency had on 19 July filed a chargesheet against the Congress leader, his son Karti, ten individuals including public servants and six companies as accused in the case.
The judge allowed the CBI's request for grant of some time after senior advocate Sonia Mathur, representing the agency, informed the judge that sanctions are awaited.
"If the sanction is not received, appropriate actions will be taken," the court said.
"Granting of sanction is under active consideration of the government," Mathur said.
Chidambaram's name is among the persons against whom sanction for prosecution from authorities concerned was awaited.
The court also adjourned a money laundering case, which is an off-shoot of the Aircel-Maxis deal case, against Karti and others, after Mathur and advocates N K Matta and Nitesh Rana requested an adjournment on behalf of the Enforcement Directorate (ED).
The ED had on 13 July filed a charge sheet against Karti and others for the alleged offence of money laundering.
However, the former Union minister was not arrayed as an accused in the case.
In the case filed by CBI, Mathur told the court that the agency was expecting sanctions for prosecution from authorities concerned in about four weeks.
The counsel told the court that there were serving public servants and some retired ones against whom the sanctions would be needed before proceeding with their prosecution in the case.
The CBI had filed the charge sheet for the alleged offences of criminal conspiracy under the Indian Penal Code (IPC), public servant taking illegal gratification, punishment for abetting this offence and public servant committing criminal misconduct under the Prevention of Corruption Act.
If convicted, the offences entail a maximum punishment of seven years.
The agency has alleged that when foreign investment in Aircel by Malaysian telecom major Maxis was cleared by the finance ministry in 13 March, 2006, a payment of Rs 26 lakh was made by Aircel to Chennai-based Advantage Strategic Consulting, officials said.
It is alleged that Advantage Strategic Consulting was indirectly controlled by Karti and had raised an invoice on 29 March, 2006 against which Aircel made a payment on 1 April, 2006.
The CBI has alleged that Chess Management Services Holding Ltd, a company in which Karti is promoter and director, also received Rs 87 lakh in several installments from an associate company of Maxis, they said.
While the payment of Rs 26 lakh to Advantage Strategic Consulting was shown as fee for market research, Rs 87 lakh to Chess Management was shown as fee for a software, the CBI had alleged in the charge sheet.
During the investigation, the agency had asked Chess Management officials and Karti to produce the software which was allegedly provided to Maxis for a fee but they could not produce any such software, they said alleging that it was a bribe for the clearance of foreign investment proposal which was laced with several irregularities.
The agency said this is a fresh charge sheet in the matter even as it stems from the FIR related to Aircel-Maxis deal registered in 2012 in which the then telecom minister Dayanidhi Maran and others have been charged and later discharged by a trial court. The CBI has filed an appeal against the court order.
The officials said this is a completely separate aspect of the case related to clearance of now-defunct Foreign Investment Promotion Board (FIPB), under Finance Ministry, to the foreign investment clearance of Maxis in Aircel.
Among others listed in the charge sheet are the then secretary (economic affairs) Ashok Jha, the then additional secretary Ashok Chawla, the then joint secretary in finance ministry Kumar Sanjay Krishna, and the then director in the ministry Dipak Kumar Singh.
The agency has also named in the chargesheet former CEO of Aircel V Srinivasan, nephew of Chidambaram A Palaniappan who was also the promoter of Chess Management Services, Malaysian nationals Ananda Krishnan Tatparanandam, Augustus Ralph Marshall, both linked with Maxis, one S Bhaskaraman, and the then under secretary in the ministry Ram Sharan.
The six companies listed as accused are Chess Management Services Holding Ltd, Chennai-based Advantage Strategic Consulting Pvt Ltd and Malaysian companies Astro All Asia Networks, Maxis Mobile, Bumi Armada Berhad and Bumi Armada Navigation.
The agency has charged all the accused with criminal conspiracy, bribery and abuse of official position.
It is alleged that FIPB approval in the Aircel-Maxis FDI case was granted in March 2006 by Chidambaram even though he was empowered to accord approval on project proposals only up to Rs 600 crore and beyond that it required the approval of the Cabinet Committee on Economic Affairs (CCEA).