The Delhi High Court on Wednesday rejected the bail petitions of DMK MP Kanimozhi and Kalaignar TV director Sharad Kumar, accused in the 2G spectrum allocation case.
Justice Ajit Bharihoke of the Delhi High Court said: “The facts and circumstances prima facie show the complicity of the petitioners in the conspiracy and their having received illegal gratification of Rs. 200 crore in the account of the company controlled by them, Kalaignar TV Pvt. Ltd.”
The judge said: “The proximity of dates on which the money got transferred via circuitous route, involving DB Realty Group Companies, Kusegaon Fruits & Vegetables Pvt. Ltd. and Cineyug Films Pvt. Ltd., as also the reverse trail of money, prima facie, cannot be a coincidence and this gives rise to a prima facie involvement that aforesaid methodology was adopted by the petitioners and their co-accused persons with a view to conceal the trail of money from the DB Realty Group which owns Swan Telecom Pvt. Ltd. and Unitech Group of Companies in the grant of UAS Licences and spectrum have caused a loss of about Rs. 30,000 crore to the exchequer.”
He said: “The petitioners are in control of Kalaignar TV as such they are in position of power to influence the witnesses, particularly the employees. They have got strong political connections. Petitioner Kanimozhi Karunanidhi belongs to the same political party to which accused A. Raja belongs and the said party is sharing power in the Central government.”
Considering the financial and political clout of the petitioners, the possibility cannot be ruled out that if they were freed at this stage, they would interfere with the investigation or try to influence the witnesses. “Thus, at this stage, I do not deem it appropriate to admit the petitioners on bail,” he noted.
The judge said: “During investigation, the accused took a plea that Cineyug Films transferred the said funds to Kalaignar TV in order that Cineyug Films could acquire the equity shares of Kalaignar TV to the tune of 32-35 per cent of total equity. Investigation has revealed this plea to be false as no valid agreement to this effect was entered into by the said companies. Later, after registration of this criminal case by the Central Bureau of Investigation this amount was shown as loan, having an interest at 10 per cent per annum, on the pretext of clause 2.2 of a Share Subscription and Shareholders' Agreement dated December 19, 2008 claimed by the accused persons to have been signed between Cineyug Films; Kalaignar TV and promoters. Accused Mr. Sharad Kumar (A-16) signed the same on behalf of Kalaignar TV and its promoters.”
