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Updated: November 4, 2011 03:41 IST

Court rejects bail to Kanimozhi, 7 others

    J. Venkatesan
    Jiby Kattakayam
Comment (21)   ·   print   ·   T  T  
The Delhi Court on Thursday dismissed the bail plea of Kanimozhi and seven others in the 2G case. File Photo: Shiv Kumar Pushpakar
The Hindu
The Delhi Court on Thursday dismissed the bail plea of Kanimozhi and seven others in the 2G case. File Photo: Shiv Kumar Pushpakar

‘No concession can be given merely because she is a woman’

The Special CBI court on Thursday dismissed the bail application of DMK member of Parliament Kanimozhi, one of the accused in the 2G case, holding that no concession could be given merely because she is a woman. She has been in jail since May 20.

The court also rejected the bail plea of seven others — Sharad Kumar of Kalaignar TV; Siddarth Behura, R.K. Chandolia, Shahid Usman Balwa, Asif Balwa, Rajeev Aggarwal and Karim Morani (on health grounds).

Special Judge O.P. Saini said: “It has been submitted that being a woman, Ms. Kanimozhi is entitled to the beneficial provision [Section 437 Cr.PC] in law.” He said the reason for incorporating such a provision was that women “are generally considered weak and exploited section of society, both socially and economically, and as such require some extra protection and a sympathetic treatment.”

But, “the accused Ms. Kanimozhi belongs to the upper echelons of society and is also a member of Parliament. By no stretch of imagination can she be said to be suffering from any discrimination on the ground of being a woman alone.” Mr. Saini said “the facts of the case as well as the charges levelled against the accused are of a very serious nature having grave implications for the economy of the country.”

Quoting a Supreme Court judgment in the Sathyam case, he said: “The ultimate objective was to use public money in a carefully planned manner for personal use with no right to do it. The entire community will be aggrieved if economic offenders who ruin the economy of the state are not brought to book.”

It was submitted on behalf of Ms. Kanimozhi that she had nothing to do with the alleged transaction of Rs. 200 crore received by Kalaignar TV and that her association with the organisation was much before the registration of the case. And whatever Mr. Sharad Kumar did, he did so on the authority of the board and that he did not do anything on his own.

On this contention, Mr. Saini said prosecution witnesses had stated that at the February 13, 2009 board meeting, both Ms. Kanimozhi and Mr. Sharad Kumar participated and he was authorised to raise funds from Cineyug Films (P) Ltd. up to Rs. 200 crore.

This verdict of Judge goes down in the annals of Indian Judiciary.
Most courageous, outright, upfront, and a thoughtful and a bold
judgement. This also will give warnings, and signals for the other
criminals who are still occupying high positions in politics, and have
an impeccable diction in english. These people also will go behind
very soon, since subramanya swamy has already filed a separate
chargesheet which will be coming up for hearing. I am sure in the
next decade the political corruption will come down and scams will

going indeed.

from:  balasunder
Posted on: Nov 4, 2011 at 19:45 IST

Kanimozhi should not be given Bail. She has cheated public money and eaten for her growth. This corruption will leads to a very bad situation to India and its economy. She has cheated public money which suppose to spend for every Indians. She must be punished, so that other will not do this in future. She may be given life time prision.

from:  Rax
Posted on: Nov 4, 2011 at 19:27 IST

This is the commendable first step towards fight against the corrupts in terms of judiciary. Yet a long way to go and we hope the perpetrators will be soon brought under justice irrespective of their position and power.

from:  Indian
Posted on: Nov 4, 2011 at 18:15 IST

Given the fact that how high and mighty in the past have used their bail periods to cajole, influence , bribe and even eliminate witnesses, thus escaping punishment for their wrong deeds, this is a sound judgment, which as expected, is being welcomed by a large majority of Indians.

from:  Raj Behl
Posted on: Nov 4, 2011 at 13:10 IST

Great job on the Court's part on rejecting the bail plea. Finally corrupt politicians are being put in their place behind bars. Now they will know the pain of the normal person who has been arrested whether wrongfully or not but lacks influence or finances to get a bail plea to fight his/her case properly.

from:  Raj
Posted on: Nov 4, 2011 at 12:33 IST

Why should people like these have a concession in the first place?? Well, I am pretty sure Ms Kanimozhi( with all the respect I can muster for her and i have to admit, it doesn't amounts a lot)was a woman when she was allegedly associated with those men and messed with all those money, did she or any of those people show concession with the people's money?? no, then why the huge furore about not giving bail?? If she has committed a crime, she should and in bold, PAY FOR IT...

from:  Vinu
Posted on: Nov 4, 2011 at 11:18 IST

Its a good decision, I am sure this will be a precedent for many other similar cases, especially when bail is rejected for others involved, Kanimohzi and others do not desereve any mercy. Politicians must be hunted down mercilessly as they violate the oath of office which amounts to trading the values of our beloved country.

from:  xaviersurender
Posted on: Nov 4, 2011 at 10:43 IST

I have to pinch myself to believe this news. Looks like the law department is acting independently rather fairly as it should be.

from:  Vijay
Posted on: Nov 4, 2011 at 10:10 IST

The said verdict on bail petition of Ms. K. Mozi is very right decision as the Judge equalled her (an MP) with male. Her and other persons act really a loot of public money where 80% of population is living under grave poverty.

from:  Pankaj Shakya
Posted on: Nov 4, 2011 at 09:55 IST

Good Job done by court. After this judgment, no one dares to do scams any where if the court leaves them, it will be advantage of others.

from:  Yogitha Sravani
Posted on: Nov 4, 2011 at 09:47 IST

Wow! Very courageous judge. We still have scrupulous people who can do the job with out fear. Kudos to the family of this judge for bringing him up during his childhood upright. Very heartening to read about this judgement.

from:  Ayyappa
Posted on: Nov 4, 2011 at 09:42 IST

The country has seen such high levels of scams as in the past the economic offenders were never punished. If only 50% of the Judges were of such honest calibre like Mr.Saini, most of the corrupt politicians would not be in the office.Now, CBI will work overtime to weaken this case so all the accused can be set out free.

from:  prasa
Posted on: Nov 4, 2011 at 07:19 IST

Although the ten year old son Adithya of Ms. Kanimozhi deserves sympathy, the argument by her counsel, in the interest of the client, seems to be an aberration in our judicial system, wherein an argument is presented in a hit-and-miss fashion. There are ample instances of doctored evidences produced in courts to protect the politicians and influential persons belonging to the upper echelons of society. The offenders have escaped the law just because sanctity is given to testimonies rather than the genuineness, which is rather difficult to establish. Majority of the readers feel that the present judgement gives confidence in the higher Judiciary of our country.

from:  Dr. K.V.Mallan
Posted on: Nov 4, 2011 at 07:03 IST

I appreceiate the judge on what grounds he rejected the bail for this lady.

from:  Manoj
Posted on: Nov 4, 2011 at 06:32 IST

There was no reason and no need to deny bail to Kanimozhi. It is injustice.

from:  Venkatachalam
Posted on: Nov 4, 2011 at 05:56 IST

I cannot but agree that this is a landmark judgement

from:  p.siva sankaran
Posted on: Nov 4, 2011 at 05:28 IST

Finally!!!!!!! We finally have someone who is bold enough to say "Women.. you dont deserve special treatment"!! Times have changed and if women want equal rights..then they should also get equal treatment.

from:  Arul
Posted on: Nov 4, 2011 at 04:45 IST

I think that the judge did the right thing.

from:  krishna
Posted on: Nov 4, 2011 at 02:11 IST

I am very happy the judiciary has taken a right decision.It would be lesson to everyone.Tamilanadu requires a Nitish Kumar! the State is so corrupt,corruption has become a way of life.The State a few decades ago was known for honesty and integrity has sunk deep in to debauchery and corruption only reminds us the legacy of the last days of Pompeii.Even religious mutts and temples in tamilnadu have been caught in the web of corruption.Imagine a fromer CM of Tamilnadu having married three wives,in a country where bigamy is illegal among the Hindus!Both Dravidian parties along with the Congress has perpetuated the culture of corruption in the State of Tamilnadu.CBI and Anti corruption bodies must sweep in to Tamilandu without the inetreferance of the Home Minister who is a part of the gang of corrupt politcians.Its high time tamilnadu is restored to its past glory and people confidence not shattered.

from:  Prof V.Shivkumar
Posted on: Nov 4, 2011 at 00:35 IST

Let people say anything to criticize this truly caring judge. With CJI Kapadia at the helm many judges are looking after the country. Judge Saini is following in the foot steps of the great Judge H.R.Khanna.

from:  P.N.Shreeniwas
Posted on: Nov 4, 2011 at 00:10 IST

I'm very very pleased to hear Judge OP Saini's words. What a true and bold statements. I’m very proud to see our country growing. Also these criminals should be punished severely without any mercy and their properties should be seized. It’s very important to teach a lesson to all the criminals in the politics that one day it’ll happen to them. They all should live with that thought in their mind.

from:  Thamarai
Posted on: Nov 3, 2011 at 23:13 IST
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