The Supreme Court on Friday set aside a Madras High Court order directing a trial court to summon the Union Telecom Secretary as a court witness in a case against DMK MP Dayanidhi Maran concerning the alleged installation of "illegal" telephone exchanges. A bench comprising Justices KV Viswanathan and Arun Palli was hearing a plea filed by the Central Bureau of Investigation (CBI), challenging the High Court's March 25 order. The apex court restored the trial court's earlier decision while giving Maran the option of summoning the telecom secretary as a defence witness. The bench said that since it was inclined to restore the trial court's order, Maran could summon the telecom secretary as a defence witness in accordance with the direction issued by the Supreme Court on August 10.
"We set aside the high court's order and restore the trial court's order," the bench said. It clarified that Maran would have the option to summon the secretary as a defence witness if he considered it necessary for his case. During Friday's hearing, senior advocate Siddharth Luthra, appearing for Maran, objected to the telecom secretary being summoned in the capacity of a defence witness. He argued that it would be more appropriate for the official to appear as a court witness. The issue had also been discussed during the Supreme Court's earlier hearing on August 10, when the bench had questioned Maran's legal team on why the secretary could not instead be summoned as a defence witness.
The Supreme Court had also sought the response of Additional Solicitor General SV Raju, who appeared for the CBI, on whether the investigating agency would object if the telecom secretary were summoned as a defence witness. Raju told the court that the CBI would not oppose such a direction. The latest order therefore preserves Maran's ability to call the official to give evidence, but changes the basis on which the witness can be summoned by restoring the trial court's earlier order. The dispute over the witness began with the Madras High Court's March 25 order, which had allowed Maran's plea to summon the Union Telecommunication Secretary as a court witness before the trial court in Chennai.
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The High Court had held that the secretary's evidence was relevant to determining whether Maran, who served as Union Minister for Communications and Information Technology between 2004 and 2007, was entitled to service-category telecom connections during the period in question. The trial court had earlier rejected Maran's request. In an order dated October 10, 2025, it declined his plea to summon the telecom secretary as a court witness. The CBI subsequently challenged the Madras High Court's decision before the Supreme Court, leading to the proceedings that culminated in Friday's order. The apex court's decision restores the trial court's position while leaving open the possibility of the telecom secretary being called by Maran's defence.
The case relates to allegations dating back to Maran's tenure as Union telecom and information technology minister during the UPA-1 government. The CBI has alleged that Maran misused his official position and arranged for private telephone exchanges to be installed at his residences in Chennai. According to the agency, the telephone infrastructure was allegedly used for business transactions connected to the Sun Network. Maran has been contesting the allegations, and the proceedings concerning the alleged telephone exchanges remain before the trial court. The Supreme Court's latest order specifically concerns the manner in which the telecom secretary may be summoned as a witness and does not itself determine the merits of the underlying allegations.
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