The duo are wanted in India for questioning over what has come to be known as the Aircel-Maxis case – a graft probe on a former India minister and several firms revolving around telecommunications licences and deals.
The two-page court order, published in The Sun newspaper, said if they did not appear before India’s Supreme Court, they would risk financial consequences.
This follows complaints by enforcement agencies to the Special Court set up to hear the case that they were unable to secure the attendance of both Ananda and Marshall. They had also complained that the Malaysian Attorney-General’s Chambers had not been helpful in serving the summonses on the duo.
The Jan 6 court order reads: “In order to enforce the presence of [the] accused Augustus Ralph Marshall, Ananda Krishnan Tatparanandam, Astro All Asia Networks Ltd and Maxis Communications Bhd, we propose to restrain, earnings of any revenue, by using the [Aircel’s] 2G spectrum licences, which were originally granted to Aircel Telecommunications.
“It is imperative to ensure, in our considered view, that the process of law should not be frustrated by non-service of summons on the accused. The instant order is to bring to the notice of the accused … the proposed action that is likely to be taken. It would be open for the accused to enter appearance before this Court and make their representation in consonance with law, failing which … the proposed order shall be passed [and] will not be open to any of the accused to raise an objection with reference to any monetary loss emerging out of the proposed order.”
At a preliminary hearing, the Special Court had been told by the prosecution that former India minister of communications and information technology Dayanidhi Maran had pressured Chennai-based telecom promoter C Sivasankaran to sell his stake in Aircel and two subsidiary firms to the Maxis Group of Ananda’s in 2006.
Newspapers in India had reported that India’s Central Bureau of Investigations had filed a charge sheet against Dayanithi, his brother Kalanithi, Marshall, Ananda, M/s Sun Direct TV (P) Ltd, M/s Astro All Asia Networks Plc, UK, M/s Maxis Communications Berhad, Malaysia, M/s South Asia Entertainment Holdings Ltd, Malaysia and the then Additional Secretary (Telecom) the late J S Sarma.
They were chargesheeted for alleged offences punishable under section 120-B (criminal conspiracy) of the Indian Penal Code and under relevant provisions of the Prevention of Corruption Act.
All of them have denied these preliminary charges.
The court had also been told that the efforts of the Indian authorities to serve summonses on the Malaysian men had been unsuccessful.
On this, the court order reads: “A letter … from the Attorney-General’s Chambers, Malaysia, dated Aug 17, 2016 [among other things stated] that upon consideration of the facts disclosed in the Request for Assistance and further clarification supplied by [the] CBI, the requirements as per the provisions under section 20 (1) (f) of the Mutual Assistance in Criminal Matters Act 2002 [Act 621] were not fulfilled, and hence the requests to serve the summons could not be acceded to.”