The issue of FIPB clearance in the the Aircel-Maxis deal had surfaced during the probe into the 2G spectrum related cases.
The top court said it is "very unfortunate" that investigation in the 2G cases has not been completed yet and "people of this country cannot be kept in dark in a serious and sensitive case like this".
"Why is there so much delay in completing the investigation in the 2G spectrum and ancilliary cases. Investigation was ordered by this court in 2010 and since then several orders have been passed but nothing has happened so far. Tell us, how much investigation is pending and why have you not been able to complete the probe yet," the bench said.
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"This a very serious and sensitive case. You book everybody responsible in the case and investigation has to be completed in all aspects. We are unhappy the way things are going on as the investigation has not seen light of the day. This case is becoming like 'touch me not'," the bench said.
Attorney General K K Venuopal said that in the main 2G spectrum case involving the former telecom minister, the special court has acquitted all the accused and similarly in other related cases, the accused were either acquitted or discharged.
He said Krishnan was not cooperating with the investigation in the case and no documents have been supplied by Malaysian government.
The bench said it was not concerned about the individuals or personalities involved in the case and the Centre should file a status report in two weeks with regard to investigation done so far.
BJP leader Subramaniam Swamy said the court had in the last hearing directed CBI and ED to file the status report with regard to investigation done in Aircel-Maxis deal case. "This status report which was to be filed in the court was unfortunately in the bedroom of one of the accused in the case," Swamy alleged, without taking any name.
The court also allowed a plea of senior advocate Anand Grover seeking to be relieved from his post as special public prosecutor in a case related to 2G spectrum case after recording words of appreciation for his efforts in the case.
On January 4 this year, the apex court had directed the Centre to file a status report on the probe being conducted in the Aircel-Maxis deal case. P Chidambaram was questioned by the CBI in the case on December 6, 2014, while Karti was questioned on November 19, 2014.
The CBI had said in its charge sheet in the Aircel-Maxis case that Chidambaram had granted FIPB approval in March 2006 to Mauritius-based M/s Global Communication Services Holdings Ltd, a subsidiary of Maxis, owned by Ananda Krishnan, who is also an accused in the case.
However, the CBI and ED cases in the Aircel-Maxis deal could not withhold judicial scrutiny as the special 2G court had in February last year discharged Dayanidhi Maran, his industrialist brother Kalanithi Maran and others saying the alleged charges were based on "misreading of official files", speculation and surmises of the complainant.
Though the court has discharged Marans and others in the case, further probe by CBI regarding FIPB approval is still going on. Similarly, the ED is carrying out separate probe in the Aircel-Maxis deal.
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