Madras HC rejects Marans’ discharge in illegal telephone lines case

CHENNAI: Citing ‘error, illegality and perversity’ in a CBI court order discharging former union minister Dayanidhi Maran and his brother Kalanithi Maran from the illegal telephone lines case, the Madras high court on Wednesday quashed their exoneration, and directed the CBI court to frame charges and complete trial within 12 months.
The CBI case is that between 2004 and 2007, Dayanidhi Maran had illegally used 764 telephone lines at his residences in Chennai and Delhi, and caused a ?1.78 crore loss to the exchequer. After a special court for CBI cases discharged all the accused from the case, the CBI filed the present revision petition in the high court.



Justice G Jayachandran, allowing the CBI’s petition on Wednesday, said: “Considering the police report and the documents, only opinion any judicial mind could form is that there are grounds to presume all the seven accused have committed offence and not otherwise.”

As for a preposterous submission that while a defence minister was permitted to enjoy exclusive air force aircraft for her journey and railway minster exclusive saloon for his travel in the train, why not the minister for telecommunication have exclusive exchange, the judge said: “To this argument the logical answer could be, yes, if law permits. The corollary will be, if law does not permit, they are liable for prosecution. It is amply shown in this case that law does not permit to have the facilities enjoyed by the accused under service category, hence they are liable for prosecution.”

‘Docus prove Dayanidhi conspiracy’

The judge asserted, “The statements recorded and other documents make out prima facie case that Dayanidhi while functioning as a public servant in the capacity of union minister of communication and information technology from May 2004 to May 2007 entered into criminal conspiracy with K B Brahmanathan and MP Velusamy, both the then chief general manager of BSNL, and obtained 764 telephone numbers at Dayanihi’s Chennai and Delhi residences under service category without entitlement and by violating all the procedures and norms and thereby caused an undue loss to the tune of ?1.78 crore the exchequer and undue gain to Kalanidhi.”

Brushing aside the argument that Dayanidhi Maran was the man who had brought broadband facility to every corner of the country and that he was now being haunted by CBI for political reasons, Justice Jayachandran said: “For the sake of rhetoric one may make such submissions, but the records before us speak otherwise. Dayanidhi, by virtue of the office, might have been instrumental for popularising broadband facility. It does not mean that he can claim privilege of unlimited usage of that facility for him, for his brother and his business establishment free of costs. In a democratic country, an elected representative can never think like that. Nor the judicial system tolerate and entertain such thought.” Other accused V Gowthaman, KS Ravi and S Kannan were also part of the criminal conspiracy.