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Updated: July 25, 2013 03:48 IST

Kanimozhi seeks quashing of charges against her in 2G case

J. Venkatesan
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DMK MP Kanimozhi has moved the Supreme Court to quash charges against her in the 2G scam case. File photo
The Hindu
DMK MP Kanimozhi has moved the Supreme Court to quash charges against her in the 2G scam case. File photo

Kanimozhi, Member of Parliament and daughter of former Tamil Nadu Chief Minister M. Karunanidhi, has moved the Supreme Court, seeking to quash the charges framed against her by the trial court in the 2G spectrum case.

In a petition filed by advocate Joseph Aristotle, she said she was aggrieved by the stay order passed by the Supreme Court on an application filed by the CBI on all proceedings pending before the Delhi High Court, which violated her fundamental right under Article 21 of the Constitution.

She said right to fair trial was an exceptional right to be enjoyed by the guilty as well as the innocent, because an accused was presumed to be innocent until proved otherwise in a fairly conducted trial.

The stay order curtailed her fundamental right to contest the baseless charges by filing a quash petition and she was constrained to file the writ petition.

Ms. Kanimozhi said she was one of the directors of Kalaignar TV for a very brief period from June 6, 2007 to June 20, 2007. Subsequently, she resigned much before the launch of the TV channel and she had not signed any cheque on behalf of the company or received any monetary benefit. Further, she was only a 20 per cent minority shareholder in the company and it was a settled law that a shareholder could not be saddled with criminal liability for acts and omissions of the company.

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There is a larger issue involved in Kanimozhi's contention. It is
often the case that the High Courts and Supreme Court admit petitions
against criminal trials and civil proceedings grant interim stay on
trials as a matter of routine. The trials languish and delay recording
of evidence. This may benefit those who are guilty but is a
harassment those who are really innocent. Moreover, filing a
interlocutory petition in the Higher Courts is beyond the reach of the
common man. At least in some cases, this has enabled the influential
to escape the punishment indefinitely.

from:  P.Venu
Posted on: Jul 26, 2013 at 07:49 IST

first on bail and then from all charges is this our judicial system??????

from:  abhishek
Posted on: Jul 24, 2013 at 23:59 IST

It is sad to see that 2G scam is slowly fading away.....No concrete judgement is done so far.... such a slow process in India..........The ex minister RAJA, the DMK member Kanimozhi are all left off on bail etc etc
In foreign countries where i live everything goes fast and without any interference of politiciens and all are transparent to the public/tax paying people........... In india it is hélas..........They say it is democratic country ............

from:  jithendran
Posted on: Jul 24, 2013 at 23:54 IST

The lady was arrested in May 2011 and released on bail after six months' of incarceration. Now after almost two years of free movement, she claims total innocence and wants all charges waived as being made falsely!. There seems to be a method in this madness. Perhaps she now feels that her re-election as a Rajya Sabha member with the aid of those Congress PanchaPandavas indicates a new high in her party's alliance with the UPA, or perhaps the elevation of a Justice from her home town, Chennai, as the new CJI, may prove a fresh lifeline from her torment of corruption charges? What a way to go!!

Posted on: Jul 24, 2013 at 19:21 IST

She doesn't deserve to be MP

from:  Shankesh
Posted on: Jul 24, 2013 at 18:10 IST
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