Friday, May 20, 2011

Kanimozhi arrested as bail plea rejected by CBI court in 2G scam :

NEW DELHI: A special Central Bureau of Investigation (CBI) court on Friday ordered "forthwith" arrest of DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar after rejecting their bail pleas in the 2G spectrum case.

"The bail applications are dismissed. Both the accused be taken into custody forthwith," Special CBI Judge O P Saini said.

The court directed that 43-year-old Kanimozhi and Kumar should be produced before it at 10 am tomorrow, when the case comes up for hearing.

The DMK MP, wearing an orange salwar suit, looked stunned after the CBI judge pronounced his order and was consoled by her family members, including her husband Aravindan.

DMK leaders, including its parliamentary party chief T R Baalu, was present in the court.

Minutes after the court pronounced its order, some of DMK supporters broke down while others were seen making frantic calls.

Kanimozhi's lawyer Ram Jethmalani told Times Now that she would appeal in the High Court.

The court in its 144-page order said that most of the witnesses against the DMK MP are the employees of Kalaignar TV and hence the possibility of they being influenced cannot be ruled out.

"Considering the magnitude of the crime and the fact that many of the witnesses are employees of Kalaignar TV, there is every apprehension that the witnesses may be influenced, if the accused are released on bail," the CBI judge said.

The court also considered the "enormity" of the offence while rejecting the bail of Kanimozhi and Sharad Kumar.

"Considering the magnitude of the crime, nature and enormity of the allegations, character of evidence on record and the apprehension that the witnesses may be influenced in case the accused are released on bail, I have no hesitation in holding that both applicants/accused have failed to make out a prima facie case for bail. Bail applications are without merit and the same are dismissed," the judge said.

The court, however, clarified that its observations were "tentative" and they do not express any opinion on the merits of the case.

The CBI had named Kanimozhi, daughter of DMK chief M. Karunanidhi , and Sharad Kumar as co-conspirators in its April 25 supplementary charge sheet after it traced an illegal money trail of Rs 214 crore in the scam.

The 2G spectrum scam relates to irregularities in the allocation of airwaves to telecom companies that caused huge losses to the exchequer.

DMK MP and former communications minister A. Raja is already in jail in connection with the case.

Present in the courtroom Friday were former telecom secretary Siddharth Behura, Swan Telecom promoter Shahid Balwa, Raja's aide R.K. Chandolia, Vinod Goenka of Swan Telecom and Sanjay Chandra of Unitech


Besides Kanimozhi, former Tamil Nadu Chief Minister Karunanidhi's wife Dayalu Ammal holds 60 per cent share in the Kalaignar TV. She, however, was not chargesheeted in the case as the CBI said she did not take part in the day-to-day functioning of the channel.

Kanimozhi was chargesheeted along with TV channel MD Sharad Kumar, who too held 20 percent stake in it.

After the CBI filed chargesheeted against them in the Special CBI court, they were asked to appear before it on May 6, when Kanimozhi filed her bail plea.

The court earlier had reserved its verdict on her bail plea for May 14, but had advanced it to today.

The 2G spectrum scam relates to irregularities in the allocation of airwaves to telecom companies that caused huge losses to the exchequer.

DMK MP and former communications minister A. Raja is already in jail in connection with the case.

Present in the courtroom Friday were former telecom secretary Siddharth Behura, Swan Telecom promoter Shahid Balwa, Raja's aide R.K. Chandolia, Vinod Goenka of Swan Telecom and Sanjay Chandra of Unitech.


Two officials of ADAG, Gautam Doshi and Hari Nair, who were also named in the charge sheet, were present in the courtroom.

Cineyug Film's Karim Morani was not present as he got exemption from personal appearance due to his ill health, while Surendra Pipara of Reliance, who is in judicial custody, was not presented in the court as he is undergoing treatment for a heart problem at the All India Institute of Medical Sciences (AIIMS).

The CBI also argued that Asif Balwa, who is the director of Kusegaon Fruits and Vegetables Pvt Ltd was the front man in the entire scam.

The agency further presented before the court, details of the Rs 200 crore transactions by the Kalaignar TV.

The CBI said that a total number of 16 bank accounts were used in the transactions. The money first came from DB Realty to Kusegaon. It then went to Cineyug Film Company from where it was routed to Kalaignar TV

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Source : ET

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