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The Supreme Court on Thursday rejected former telecom minister Dayanidhi Maran’s demand to restrain the CBI from filing a charge sheet against him in the Aircel-Maxis deal arising out of the investigation into the 2G spectrum scam.
Calling it premature, a bench headed by Justice HL Dattu said: “Don’t ask us to stop CBI from filing charge sheet. You can’t be seeking a negative prayer.”
It further said that law did not allow the court to restrain an investigating agency from filing a final probe report before a magistrate. The bench said the former DMK MP can challenge the charge sheet after it is filed.
Maran’s lawyer said that the agency was proposing to file charge sheet even as the probe hasn’t ended. He argued submission of a charge sheet before the trial court would be a “stigma” on him.
The bench, however, did not relent. It observed CBI is filing the charge sheet and its decision found support even from the Attorney General. “We understand the repercussion. We may look into it if you say that charge sheet filed is defective,” the court added.
It refused to address Maran’s last plea not to let the special court hearing the 2G scam hear his case as it did not arise out of the 2G scam.
In his petition before SC, Maran alleged political vendetta by the CBI. He submitted that the agency was yet to receive information from Malaysian authorities from which the CBI had sought information regarding the deal.