An Indian supreme court has been told that the graft probe into the acquisition of Indian mobile phone network operator Aircel by Malaysia-owned telco giant Maxis would end if the authorities there refused to provide essential information.

According to Indian broadcaster NDTV , the Central Bureau of Investigation (CBI) yesterday said that though it has completed its enquiry in India and Mauritius, vital information from Malaysia is not being made available.

indian high commission building The court had asked the Indian High Commission in Malaysia to extend full cooperation to Indian authorities in getting the required information.

On Wednesday, CBI told the court that a "politically and economically powerful " Malaysian was stalling the probe despite requests to Malaysian authorities for information.

However the agency did not name the individual involved.

According to Indian national daily The Hindu , yesterday CBI counsel KK Venugopal told judges GS Singhvi and KS Radhakrishnan that they are still awaiting information from Malaysia.

Case being thrown out danger

When questioned by justice Singhvi, the CBI could not confirm how long they could wait.

"We don't want to jump the gun. Unless we can link quid pro quo with beneficiaries, a case of bribery cannot be made out.

"Unless we prove the bribery charge with evidence, the (trial) court will throw out the charge sheet.

"If the vital information is not forthcoming then we may have to file a closure report," Venugopal was quoted as saying.

To which justice Singhvi replied: "We don't want you to jump the gun but you cannot go on (waiting for information) indefinitely".

Former Indian Communications and Information Technology Minister Dayanidhi , Maxis, Aircel and several others are being investigated for alleged abuse of power and quid pro quo in granting mobile service licences to Aircel.

NONE The original owner of Aircel, C Sivasankaran has alleged in a statement that Maran delayed granting licences to Aircel and that he was "forced" to sell Aircel to Maxis, owned by Malaysian tycoon Ananda Krishnan.

According to the First Information Report registered by the CBI last year, after Maxis acquired 74 percent stake in Aircel in March 2006, the Department of Telecommunications under Maran's ministry issued 14 Letters of Intent to Aircel in November 2006, all of which were converted into licences in December 2006.

Then within three months, the Maxis group invested 800Rs crore (close to RM450 million) in the Sun Network, an Indian television company owned by Maran's brother Kalanithi, taking up 20 percent of its equity.

Facing allegation that he had misused his position to pressure Sivasankaran into selling Aircel to Maxis, and has favoured Maxis in the granting of licences in return of substantial investment in his family business, Maran resigned as a minister in May 2007.

The CBI had reportedly said that the Malaysia line of probe into the Aircel-Maxis deal was crucial to nail the "quid pro quo involved" in Maxis' investment in the Sun Network.