SC Sets Aside Madras HC Order on Telecom Secretary in Dayanidhi Maran Case

The Supreme Court on Friday set aside an order of the Madras High Court that had directed a trial court in Chennai to summon the Union Telecom Secretary as a court witness in the illegal telephone exchange case involving DMK MP Dayanidhi Maran.

A bench comprising Justices KV Viswanathan and Arun Palli restored the trial court's order while hearing a plea filed by the Central Bureau of Investigation challenging the High Court's March 25 directive. The apex court held that Maran may summon the Telecom Secretary as a defence witness if he chooses to do so.

The bench stated that it was inclined to restore the order of the trial court and permit the respondent to have the option to summon the secretary as a defence witness, as indicated in its earlier August 10 proceedings.

During the hearing, senior advocate Siddharth Luthra, appearing for Maran, objected to calling the official as a defence witness, arguing that it would be more appropriate for him to depose as a court witness. The Supreme Court had previously questioned Maran's counsel on why the secretary could not be examined as a defence witness, while Additional Solicitor General SV Raju, representing the CBI, stated that the agency had no objection to such a direction.

The Madras High Court had previously allowed Maran's plea on March 25, ruling that the Telecom Secretary's evidence was relevant to determine whether Maran was entitled to service-category telecom connections during his tenure as the Union Minister of Communications and Information Technology between 2004 and 2007. The trial court had earlier rejected Maran's request to summon the official as a court witness.

The CBI has alleged that Maran misused his official position as a Union minister in the UPA-1 government to install private telephone exchanges at his residences, which were allegedly utilized for business transactions of the Sun Network.