New Delhi: A special court on Wednesday lashed out at CBI for trying to make "mockery of the court" and delaying proceedings in the Aircel-Maxis deal case by filing "incomplete" application seeking issuance of arrest warrant against two Malaysia based accused.
Special Judge O P Saini made the observations as he noted that the oral submissions made by CBI counsel regarding the procedure for issuance of Red Corner Notice (RCN) by the Interpol, were not mentioned in its written application filed before the court earlier.
"I have no hesitation in saying that you (CBI) are delaying the proceedings in the case. ... Seems like you are making mockery of the court. I have wasted 3-4 days on the issue.
"Had you explained the procedure regarding the Interpol and RCN earlier, I would have passed the order on issuance of the warrant... Your application is not complete," the court said.
It posted the matter for order on the plea for September 24.
During the hearing, CBI told the court that "issuance of the arrest warrant was the only recourse available in the case to ensure the presence of the accused, business tycoon T Ananda Krishnan and Malaysian national Augustus Ralph Marshall, as the Malaysian authorities have refused to serve the summons upon them which were issued earlier by the court."
"The only recourse today is the warrant, bailable or non-bailable, if the case has to proceed since the summons could not be delivered. Issue arrest warrant as the Malaysian authorities have said that they cannot issue summons to the accused in this case. Malaysian Attorney General has taken a view that there is no criminality against the accused in this matter," the CBI counsel said during the proceedings.
He stressed that the court "has to compel their (accused) presence. If they don't appear before the court, the proceeding cannot commence. We have to go through the Malaysian authorities. Now since the summons cannot be issued, issue the arrest warrant which will go with the Red Corner Notice via Interpol."
Besides former Telecom Minister Dayanidhi Maran, Krishnan and Marshall, the court had also summoned the politician's brother Kalanithi and four companies -- South Asia Entertainment Holding Ltd, Sun Direct TV Pvt Ltd and Malaysia -based firms Astro All Asia Network PLC and Maxis Communication Berhad -- as accused in the case.