The Delhi High Court on Wednesday issued notice to the Central Bureau of Investigation (CBI) on the bail petitions of DMK MP Kanimozhi and four others, who were denied bail by the special court in the 2G spectrum allocation case on November 3.
After hearing the submissions of counsel for the petitioners, Justice V.K. Shali posted the matter for further hearing on December 1.
Besides Ms. Kanimozhi, the four others who have moved the High Court against the special court's order are Kalaignar TV Director Sharad Kumar; Kusegaon Fruits and Vegetables Pvt. Ltd. Directors Asif Balwa and Rajeev Agarwal; and film producer Karim Morani (who has cited medical grounds too).
Appearing for Ms. Kanimozhi, senior counsel Altaf Ahmed said the trial court, while denying her bail, had ignored the CBI's stand not to oppose bail to her.
Senior counsel Siddarth Luthra appeared for Mr. Morani; counsel Vijay Aggarwal appeared for Mr. Balwa and Mr. Agarwal; and counsel V.G. Pragasam for Mr. Kumar.
When Justice Shali asked the CBI whether there was any change in its stand on the bail pleas of the five appellants, Additional Solicitor-General Mohan Parasaran, appearing for the CBI, said it had no objection to the grant of bail. “We [the CBI] reiterate the stand taken before the trial court,” he said.
Thereafter, the judge asked the CBI to file its response in three weeks and posted the appeals for further hearing on December 1.
Ms. Kanimozhi, who has been in jail since May 20, said the special court, while rejecting her bail plea, had not considered, in proper perspective, the Supreme Court's June 20 order that the trial court consider her plea after the framing of charges. The special court rejected her petition on untenable grounds: the higher status enjoyed by her as Member of Parliament.
“Neither Section 437 of the Cr.PC nor the Constitution discriminates between different classes of women, especially on the basis of status in society. It is a benefit given to all women irrespective of their status in society.”
She said she was associated with Kalaignar TV only for a short period, between June 6, 2007 and June 20, 2007; as such, she had nothing to do with the transaction of Rs.200 crore (allegedly paid by Dynamix Realty to Kalaignar TV through Kusegaon Fruits & Vegetables and Cineyug Films in lieu of the licences and other undue benefit given to Swan Telecom.)
In his appeal, Mr. Kumar said he was innocent and sought to be falsely implicated in the case because of the “biased” media reporting, and on the basis of conjectures and surmises. He was not a beneficiary of the entire loan transaction. The allegation of his strong association with the co-accused, the former Telecom Minister, A. Raja, was mischievous and misleading. There was absolutely no evidence for his involvement in the conspiracy.