New Delhi: The Supreme Court on Monday recalled its order declining the plea by former communications minister Dayanidhi Maran and his brother Kalanithi Maran challenging their summoning by the 2G special court after CBI filed a charge sheet against them on their alleged role in Aircel-Maxis deal.
The matter will now be taken up the by the bench headed by the Chief Justice H.L.Dattu, after bench of Justice V.Gopala Gowda and Justice R. Banumathi recalled their order passed earlier in the morning declining the plea by the Maran brothers.
Permitting the withdrawal of the petitions by the Marans, the court order said: "Counsel for petitioner submit that they will withdraw the writ petition with liberty to approach Delhi High Court. The submission is taken note of and ordered accordingly. Petition disposed of."
However, later in the day, Additional Solicitor General Pinki Anand drew the attention of the bench of Justice Gowda and Justice Banumathi to the apex court's April 11, 2011 order that barred the Delhi High Court from entertaining any plea against the orders of the special Central Bureau of Investigations court hearing 2G cases.
She told the court that 2G matters were being heard by the bench headed by Chief Justice Dattu.
The bench of Justice Gowda and Justice Banumathi while recalling their order said that matter would be heard by the bench headed by the chief justice Feb 9.
Right at the outset of the hearing in the morning, Justice Gowda asked senior counsel C.A.Sundaram how could his client move the apex court invoking the violation of their fundamental rights when there are other judicial remedies available to him.
Sundram told the court that special court was set up to hear the 2G matters only and the case against Marans was not related but even then the trial court judge has clubbed it with 2G cases and taken cognizance against his clients.
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