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Updated: May 21, 2011 11:28 IST

Bail denied, Kanimozhi sent to Tihar Jail

Jiby Kattakayam
Comment (15)   ·   print   ·   T  T  
DMK MP Kanimozhi being taken from Patiala House court to Tihar Jail for judicial custody in connection with the 2G spectrum case, in New Delhi on Friday.
PTI DMK MP Kanimozhi being taken from Patiala House court to Tihar Jail for judicial custody in connection with the 2G spectrum case, in New Delhi on Friday.

DMK Rajya Sabha member Kanimozhi and her fellow stakeholder in Kalaignar TV Sharad Kumar, who is also the network's managing director, on Friday were arrested and sent to the Tihar Central Jail here on judicial custody.

This followed rejection of their bail applications by the CBI Special Court, which is hearing the 2G spectrum allocation case.

Allegations “grave”

Denying bail, Special Judge O. P. Saini expressed apprehension that witnesses, who are Kalaignar TV employees, could be influenced, and that the allegations against the accused were “grave.”

“Considering the magnitude of the crime, the nature and enormity of the allegations, the character of evidence on record and the apprehension that 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,” Mr. Saini said.

DMK workers and others, who accompanied Ms. Kanimozhi to the courtroom, broke down after the judge pronounced his order and called her and Mr. Kumar, who were until then seated in the courtroom, to come forward and stand on the dock.

As soon as the judge left the courtroom for his chamber, party workers and others huddled around Ms. Kanimozhi, even as she struggled to maintain her composure.

Ms. Kanimozhi and 11 other co-accused in the case were then led to the court lock-up, from where they were taken to the Tihar Jail.

DMK leaders, including T.R. Baalu, T.K.S. Elangovan and Poongothai Aladi Aruna, Kanimozhi's husband G. Aravindan and the former Union Telecom Minister, A. Raja's wife, M. A. Parameswari, were present in the courtroom.

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There may be justification for denying the bail; but, why keeping them in Tihar jail among common prisoners. The people who seek bail are still 'accused', not convicted. Could there not be another place where they could be kept? I wonder if this is the way the system works in foreign countries too.

from:  D. Chandramouli
Posted on: May 26, 2011 at 15:57 IST

No doubt it is always satisfying when the law enforcers could lay hands on the law breakers unmindful of their social or political status. However,there is nothing to rejoice when a person is put behind the bars at the pretrial stage. One has to respect the rights of an accused till conviction. Whoever be it, Raja or Kanimozhi, Subban or Kuppan, pre-trial detention is a sought of 'pre-empting the trial process' and 'speaking it too early'. Sending an undertrial to jail has to be very judiciously done. The accused are charged of financial crimes and their wings having been clipped cannot perpetrate the crime. The Charge sheet has been filed in the case; the prosecution cannot improve upon it and the accused cannot truncate it. The case is mostly on records - all seized and tagged to the charge sheet and are in the custody of the court. That 'the accused will influence the witnesses' is a very weak argument which smacks of a doubt that the investigating agency has not done the real home work or the Sec.161(3) statements are 'home made'. Keeping the accused in the jail alone cannot stop the so called 'Influencing the witnesses'. The investigating agency and courts can stand high on a professional and committed investigation and trial. Slapping a pre-trial detention and pre-empting the trial process, especially after a charge sheet is filed and in cases where the crime can not be repeated if let on bail, is but a 'judicial encounter'. The best course for the law enforcers to prove their stuff is the trial and not pre-trial arrests and detention unless it is necessary in the given circumstances.

from:  GEORGE AUGUSTIN.T
Posted on: May 24, 2011 at 00:03 IST

No doubt it is always satisfying when the law enforcers could lay hands on the law breakers unmindful of their social or political status. However,there is nothing to rejoice when a person is put behind the bars at the pretrial stage. One has to respect the rights of an accused till conviction. Whoever be it, Raja or Kanimozhi, Subban or Kuppan, pre-trial detention is a sought of 'pre-empting the trial process' and 'speaking it too early'. Sending an under trial to jail has to be very judiciously done. The accused are charged of financial crimes and their wings having been clipped cannot perpetrate the crime. The Charge sheet has been filed in the case; the prosecution cannot improve upon it and the accused can not truncate it. The case is mostly on records - all seized and tagged to the charge sheet and are in the custody of the court. That 'the accused will influence the witnesses' is a very weak argument which smacks of a doubt that the investigating agency has not done the real home work or the Sec.161(3) statements are 'home made'. Keeping the accused in the jail alone can not stop the so called 'Influencing the witnesses'. The investigating agency and courts can stand high on a professional and committed investigation and trial. Slapping a pre-trial detention and pre-empting the trial process, especially after a charge sheet is filed and in cases where the crime cannot be repeated if let on bail, is but a 'judicial encounter'. The best course for the law enforcers to prove their stuff is the trial and not pre-trial arrests and detention unless it is necessary in the given circumstances.

from:  George Augustin .T
Posted on: May 22, 2011 at 22:23 IST

Thank God, at last our Judiciary seems to be working, if only they can uphold the rule of law without any considerations things will turn out better.

from:  xavier surender
Posted on: May 21, 2011 at 15:01 IST

DMK chief paid the price for not stopping his daughter, from indulging in such malpractices. Now he is crying before the media,saying that he is crestfallen and heartbroken for this humiliation of seeing his daughter languishing in jail. The People of India are least concerned about this whole episode. They are wondering whether the buck will stop here.
We really hope that the Apex court will force the CBI to go after the remaining loot.
Mr Subramaniam Swamy deserves all the credit for keeping the heat on this issue and forcing the Apex court and CBI to go after the culprits. If not for his doggedness and perseverance, this would have not have happened. The Press and the people of India should continue to give full support to this one man army.
It is one thing to go on fast and rally masses.
It is a different ball game, to meet the powerful in the court of law and make them bow before it.
IT IS KALYUG . HENCE PUNISHMENT FOR YOUR VICE IS NOW NOW. NOT IN THE NEXT BIRTH.

from:  P.G.RAVIKUMAR
Posted on: May 21, 2011 at 14:49 IST

Good work. Anyway, in future, after several years of hearing the case, they will be acquitted.
But being charge sheeted and denail bail is more than enough to understand that they have committed the crime.
Our judicial system should become more strong and effective such that no one escapes from the hands of law.

from:  J. Karthikeyan
Posted on: May 21, 2011 at 13:19 IST

kanimozhi previously interested in social activities was inducted into politics by her mother Rajathi and Karunanidhi which led to all disasters to D.M.K.and Karunanidhi. Karunanidhi committed a great blunder by nominating Andimuthu Raja by overlooking so many deserving seniors.

from:  sritharan
Posted on: May 21, 2011 at 13:17 IST

This verdict is a warning to the corrupt class of politicians, beurocrats.

from:  daniel
Posted on: May 21, 2011 at 12:41 IST

Keep the innocent Karuna family safe in Tihar Jail for the betterment of India and immorality against PM Mr Manmohan Singhs trust with them.

from:  Hajamohideen
Posted on: May 21, 2011 at 10:58 IST

I believe and support the Supreme Court of India in full.

from:  Shankar Subrahmaniyum
Posted on: May 21, 2011 at 09:53 IST

"......even as she struggled to maintain her composure". All this while she and her family made the public cry. Now its time to reflect. This is only the start Kani, many more to come... you won't have any tears left for all those.

from:  Dave Law
Posted on: May 21, 2011 at 09:43 IST

So much media coverage given to this denial of bail, and her in jail has given impression to the commoners that she is convicted of the crime in 2G scam. While we are talking about 33% reservation during the start of every parliament session, we wonder whether it would do good to the country and to the women when even on MP could get mixed into a big scam.On the other hand if the daughter of a great leader could be put in jail like this,why the 4 women chief Ministers, a woman President of the great national party and a first time woman President of this great democratic republic have all forsaken this young woman MP from Chennai.

from:  doodu
Posted on: May 21, 2011 at 08:25 IST

Raja is in jail for 3 months now and does his wife and family still leave in ministerial bungalow at taxpayer's expense?



from:  Harish
Posted on: May 21, 2011 at 04:06 IST

COMPLETE DISCRIMINATION !!! If 2g Scam is a Joint Venture then why only DMK Politicians are arrested? TIHAR welcomes DMK, but awaits for CONGRESS Politicians. In Rs 1.76 lakh Crore Scam, above Rs 80,000 Crore Gulped by the LOOTERS under table, and the charge sheet is still playing around Rs 1000 Crore. LOOTERS of INDIA had free ride in UPA-2 Ministry. Thanks to Supreme Court, S Swamy, P Bhushan and Alert Media.

from:  Dinesh
Posted on: May 21, 2011 at 03:47 IST

Their insatiable hunger for money led them to jail.there raja and kanimozhi will meet their close brothers and sisters in arms.

from:  dharam grewal
Posted on: May 21, 2011 at 03:21 IST
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