Exposing Aircel-Maxis scam, Chidambaram family filed defamation case against Swamy in Singapore HC
The Supreme Court on Monday stayed the defamation case against BJP leader Subramanian Swamy by Congress MP Karti Chidambaram’s benami company in the Singapore High Court. The apex court bench comprising Justices Surya Kant and K V Viswanathan formally recorded the statement of a Singapore-based firm that it will not proceed with defamation proceedings filed by it against Swamy for the time being. The next hearing in the case is listed on April 9.
History of 12-year-old benami defamation case filed by the Chidambaram family in Singapore:
In April 2012, Subramanian Swamy in Delhi conducted a press conference against then Home Minister P Chidambaram’s son Karti linked firms in taking kickbacks in the Aircel- Maxis scam. Swamy accused Karti’s firm Advantage Strategic received kickbacks in the Aircel Maxis scam and running a benami company in Singapore with the same name – Advantage Strategic Consulting. The Singapore firm and Indian firm have similar directors too and Swamy produced Reserve Bank of India data of transfer of Rs.10 crore to the Singapore firm. RBI data shows that the Singapore firm is a wholly owned subsidiary of Karti-linked Chennai firm.[1]
Fraud of Chidambaram
Instead of filing a case against Subramanian Swamy, Chidambaram and Karti played tricks. They through their benami firm in Singapore filed a defamation case against Swamy in the Singapore High Court and even processed steps to deport Swamy to Singapore.
Subramanian Swamy approached the Madras High Court and got a stay in early 2014, preventing the Singapore company’s defamation procedures in Singapore. Later CBI and ED ratified all the charges of Subramanian Swamy in the chargesheets filed against P Chidambaram, Karti, and the directors of Advantage Strategic and detailed the benami operations of Singapore and the family assets in 14 countries. PGurus published a detailed report on this regard titled ‘Chidambara Rahasya’.[2]
Recently a Division Bench of the Madras High Court allowed Karti’s benami Singapore firm to proceed with a defamation case in Singapore. The division bench had reasoned that the Court lacked the jurisdiction to grant such an anti-suit injunction against a foreign company. Further, it held that the High Court cannot decide whether or not the Singapore High Court has jurisdiction in the matter.
Subramanian Swamy challenged the order of the Division Bench in the Supreme Court citing that the Singapore firm is nothing but a benami company of the Chidambaram family and all his accusations were ratified by the subsequent investigation by CBI and ED. Apart from Chidambaram and his son Karti, even many directors of Chennai-based firm Advantage and Singapore benami Advantage are made as accused in the Aircel-Maxis scam by probe agencies.
The apex court had in August issued notice to the firm in the matter. Further, it had orally asked the firm not to proceed with the defamation proceedings in the meantime. The same was stated in the order today, noting the oral submission of the Singapore firm’s counsel, Jai Anant Dehadrai.
Senior Advocate Vibha Datta Makhijha with Advocates Satya Sabharwal and Baani Khanna represented Swamy. They submitted today that the shareholding of the Indian arm of the firm was completely Indian as per Union Corporate Affairs Ministry records.
Reference:
[1] Aircel-Maxis deal and Chidambarams – March 26, 2023, J Gopikrishnan
[2] Chidambara Rahasya – Details of huge secret assets & foreign bank accounts of Chidambaram Family – May 15, 2017, PGurus.com
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