HC rejects bail of 5 corporate executives in 2G case

Kanimozhi to move Delhi high court challenging trial court's order

PTI | May 23, 2011



The bail pleas of five corporate executives, including Unitech group MD Sanjay Chandra and Group MD of Reliance ADAG Gautam Doshi, in the 2G scam case were on Monday dismissed by the Delhi high court.

The other corporate accused whose bail plea were rejected included D B Realty promoter Vinod Goenka and Reliance officials Hari Nair and Surendra Pipara, who are in jail since April 20.

"All the five bail applications are baseless," Justice Ajit Bharihoke said in his terse oral order. The judge did not read out the operative portions of his order.

All the corporate accused had challenged the special CBI court's order declining their bail pleas and directing their arrest on April 20.

Senior advocate U U Lalit, the supreme court-appointed CBI prosecutor had opposed the bail pleas, saying the corporate bodies and individuals were direct beneficiaries of the spectrum deal and they were involved in a conspiracy along with former telecom minister A Raja to obtain benefits.

Besides the five corporate leaders, CBI has named nine persons including Raja and DMK MP Kanimozhi and three companies as accused in the case.

Other accused in the case are Swan Telecom Promoter Shahid Usman Balwa, former telecom secretary Siddhartha Behura, Raja's personal secretary R K Chandolia, directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajeev Agarwal.

Director of Cineyug Films Pvt Ltd Karim Morani and Kalaignar TV Pvt Ltd MD Sharad Kumar are also accused in the case.

The companies, which have been named as accused in the case, are Reliance Communications, Swan Telecom and Unitech Wireless.

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Kanimozhi moves Delhi high court seeking bail

Three days after the dismissal of her bail plea, DMK MP Kanimozhi along with Kalaignar TV MD Sharad Kumar on Monday moved the Delhi high court challenging the trial court's order.

CBI special judge O P Saini had rejected Kanimozhi and Kumar's bail pleas on May 20 and ordered their "forthwith" arrest. They are currently lodged in Tihar Jail.

The CBI had named 43-year-old Kanimozhi and Kumar as accused in the second chargesheet filed on April 25 in the 2G scam. It had indicted Kanimozhi for taking a bribe to the tune of Rs 200 crore, which was routed to Kalaignar TV, in which she has 20 percent stake.

Senior counsel Ram Jethmalani, appearing for Kanimozhi in the special court, had sought her release on the ground that she is a woman. "Even in the cases of grievous nature like murder, an accused may be released on bail solely on the ground that she is a woman," Jethmalani had argued.

The special CBI court, however, refused to accept the submissions and had said that in a case of such enormity, gender cannot be a ground for bail.

"Sex is one of the grounds which may be considered at the time of grant of bail. However, considering the magnitude of the crime and the allegations against her, I am unable to show any consideration to her on this ground," it had said.

However, the "dignified" conduct of Kanimozhi during court proceedings had earned her some special praise from the special court.

"I wish, I could show her some consideration, considering her extremely dignified conduct in the court," the CBI Judge had said.

Karunanidhi to meet his daughter Kanimozhi

Meanwhile, DMK president M Karunanidhi arrived here on Monday to meet his daughter Kanimozhi.

The former Tamil Nadu chief minister is expected to visit Kanimozhi in Tihar Jail this evening. He may also meet former telecom minister A Raja and Kalaignar TV MD Sharad Kumar, who are also lodged in the jail.

The DMK chief had on Saturday in a epistle to party cadres put up a spirited defence of Kanimozhi, saying her only crime was being a shareholder of Kalaignar TV. However, the DMK patriarch said he was confident of winning the "final war."

Karunanidhi said it was he who advised Kanimozhi to be a shareholder of Kalaignar TV through the money received from Sun Television Network when his wife Dayaluammal sold her share for Rs 100 crore in October 2005. Out of this money received from the network, Rs 22.5 crore was paid as tax while the "remaining was shared," Karunanidhi said without elaborating.

"It was I who asked Kanimozhi to pay her share amount of Rs two crore to become a shareholder of Kalaignar TV. Though she was not inclined, she accepted my advice to be a shareholder of Kalaignar TV. This is the only crime she (Kanimozhi) committed," Karunanidhi said.

"It is common for a shareholder to be a part of the company's profits and losses. But they are not responsible for its day-to-day activities," he had said.Kanimozhi is in Tihar Jail since Friday on bribery charges. The DMK chief's wife Rajathi Ammal had met Kanimozhi on Saturday at the court.
 

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