A Delhi court on Saturday deferred the arguments on the bail applications of DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar, accused in the 2G spectrum case, on their plea that they may be heard after the judge frames charges in the case.
Special CBI Judge O.P. Saini agreed to their plea and said the arguments on their bail applications can be heard on October 17 as it may frame charges against the accused by that time.
“I want to complete the process of framing of charges in the case by October 15. Fix the bail pleas of these two (Ms. Kanimozhi and Mr. Sharad Kumar) for October 17,” the judge said.
Senior advocates Sushil Kumar and Altaf Ahmed, appearing for Ms. Kanimozhi and Mr. Sharad Kumar, apprised the judge that they are bound to obey the order of the Supreme Court which, while dismissing their bail pleas on June 20, had said that such applications could be taken up only after charges are framed in the case.
“The order of the Supreme Court was made on the bail pleas of Kanimozhi and Sharad Kumar and we are bound to obey it,” senior counsel Ahmed said.
The court also deferred the arguments on the bail pleas of five other accused. The court fixed for October 3 the bail pleas of A. Raja’s former private secretary R.K. Chandolia, Swan Telecom promoter Shahid Usman Balwa, directors of Kusegaon Fruits and Vegetables Asif Balwa and Rajiv Agarwal and director of Cineyug Films Karim Morani.
Counsel for Mr. Shahid Balwa and others pressed that the bail plea of their clients should be heard on Monday, saying the apex court had passed that order on the bail pleas of Ms. Kanimozhi and Mr. Sharad Kumar and not on their clients’ applications.
Counsels Sushil Kumar and Aftab Ahmed said the court may hear on Monday the bail pleas of five other accused.
“You (court) can segregate us from them (other accused) and can take their bail pleas on Monday. We will argue on Kanimozhi and Sharad Kumar’s bail on October 17,” the defence counsel said.
The CBI, however, had on Friday opposed the bail pleas of the seven accused in the case on the ground that as per the Supreme Court order, their bail pleas could be entertained only after the framing of charges.
The daughter of DMK chief M. Karunanidhi has been lodged in Tihar Jail since May 20 for her alleged role in the 2G scam.
Ms. Kanimozhi along with Mr. Sharad Kumar had moved court for bail for the second time on September 16. Opposing the plea of Ms. Kanimozhi, the agency in its reply had said that she was the “active brain” behind the operations of Kalaignar TV in which she also held 20 per cent stakes. Initially, she was also a director of the channel and had a role in “re-appointment” of Mr. Raja as Telecom Minister. "Kanimozhi was a stakeholder of Kalaignar TV Pvt Ltd to the tune of 20 per cent equity and was an active brain behind its operations. She was also widely covered by Kalaignar Seithigal (News) Channel,” the CBI said.
The CBI, which opposed the plea of six others, however, said the “court may take an appropriate view as per law” while considering the health condition of Mr. Morani.
