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Updated: August 25, 2011 12:19 IST

No consideration of womanhood, given the magnitude of crime: Saini

Jiby Kattakayam
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DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar on their way to the Patiala House court in New Delhi on Friday. Photo: V. Sudershan
DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar on their way to the Patiala House court in New Delhi on Friday. Photo: V. Sudershan

Special Judge O.P. Saini, who rejected the bail petitions of Rajya Sabha member Kanimozhi and Kalaignar TV managing director Sharad Kumar on Friday, made a detailed mention of the submissions by her counsel Ram Jethmalani, Mr. Kumar's lawyer Altaf Ahmed and CBI counsel U.U. Lalit, besides the material on record, to arrive at his observations.

On Ms. Jethmalani's plea for consideration of Ms. Kanimozhi's womanhood to enlarge her on bail under Section 437 of the Criminal Procedure Code, he said: “Considering the magnitude of the crime and the allegations against her, I am unable to show any consideration to her on this ground, though I wish I could show her some consideration, considering her extremely dignified conduct in the court.”

The order also delved into the charges against Ms. Kanimozhi and Mr. Kumar, including that relating to the Rs.200 crore transferred from Dynamix Realty to Kalaignar TV.

The judge referred to the revelations of prosecution witness Aseervatham Achary on Ms. Kanimozhi's role in Kalaignar TV and her relations with Mr. Raja; and the statements of two other witnesses from Kalaignar TV — general manager G. Rajendran and director P. Amirtham — on the share subscription and shareholder agreement, executed on December 19, 2008, between Cineyug Films and Kalaignar TV.

Ms. Kanimozhi, Mr. Kumar, Cineyug Films promoter Karim Morani and Kusegaon Fruits and Vegetables co-owners Asif Balwa and Rajiv Aggarwal were charge-sheeted by the CBI on April 25.

I don't understand why being a woman means you should get bail and why being a man means you can be put behind bars. This kind of gender difference or stereotyping needs to go away when it comes to law.

from:  Murthy
Posted on: May 22, 2011 at 08:47 IST

Let us not be driven by sentiments. Whoever commits a financial crime by misappropriating public money, should be dealt with severely. without any mercy.Her mother has escapted this humiliation, thankfully for not speaking English. Let the CBI and the Apex court go after all of them and bring back 40000 crores , which is believed to have changed hands, going by Mr Swami's statement. Tamilians, lead in all walks of life and are the trend setters for the whole country.they have written the destiny of a resurgent India. In the same breadth, they lead the race in all financial crimes, be it the Harshad Mehta Scam or in the present one or for the one that happended recently in USA, in the insider trading case.

from:  P.G.Ravikumar
Posted on: May 21, 2011 at 15:03 IST

I really appreciate the action of the judge in putting Mrs. Kanimozhi behind the bars by not giving bail to her and not considering her as a woman. If the judges are following the same treatment to all definitely the people of India will be faithful to the justice. Kudos to Shri Saini.

from:  Fredrick Castelino
Posted on: May 21, 2011 at 12:19 IST

A part of the news quotes the judge being apologetic at not being able to consider her gender as a reason for granting bail although he would always want to. I fail to understand how women can be treated differently and specially in a gender equal society. Why should there be a consideration for women accused. Why is the media trying to protect accused women? Why is your esteemed newspaper trying to defend these special considerations for women and same time shout from rooftops about gender equality? Does showing special consideration for accused women constitute gender equality? Media needs to be fair and not pro-women. It is high time this section of 437 (1) (iii) of the Cr. PC is deleted and repealed as this law is against the principles of gender equality as promised and enshrined in the constitution. Gender equality and 'special status' in the law are contradictory tom each other. These laws like section 437 (1) (iii) were made in earlier traditional societies where the values and beliefs were vastly different and there were no women in the workforce, let alone in the police. Women were traditional and not exposed to the evils of the outside world. That being the case, these kinds of laws were needed then. Today, the situation is vastly different and gender equality can never be achieved with one gender being treated as 'special'. Why is the media not exposing this side discrimination? Looks like when things suit women, the media wants to remain silent. Repeal the law and other laws and ensure true gender equality

from:  Rohan
Posted on: May 21, 2011 at 10:42 IST

It is only CBI did not charge sheet Smt Dayalu Ammal. While Supreme Court is directing CBI to act firmly in 2G scam, it is not far off for the court to ask CBI to charge sheet Smt Dayalu Ammal and other family members as well

from:  Srinivasan
Posted on: May 21, 2011 at 09:38 IST

Mrs Dayalu Ammal has 60% shares in the company. Let her explain to the court where she got so much money to buy so many shares. She knows only Tamil. So let her explain to a Tamil speaking officer of the CBI in Tamil. Or are there no Tamil speakers in the CBI or any other invetsigative agency?

from:  Shila Verma
Posted on: May 21, 2011 at 05:32 IST

The chief minister has used the oppurtunity to take a dig at his adversary saying that his daughter is not Jayalalitha to avoid court summons. But then Jayalalitha would not have gone around in a wheel chair begging for ministerial berths for crooks, thugs and extended family.

from:  Venkatesh
Posted on: Apr 28, 2011 at 09:04 IST

Ms. Kanimozhi,charged, so what 20-30yrs in lower court,then high court,Supreme court,review petition and so on. Only poor peoples have to suffer. In India at least politicians and richer ( wealthy) are above law. In spite of this that all voters knows that these are blemish over society but unfortunately voters are help-less and they have to suffer at the hand of these dirty fellows. If some where god is there HE can only save this country.

from:  Dr.Het ram Bishnoi
Posted on: Apr 27, 2011 at 18:44 IST

First of all, public money is being spent on providing security cover to 'both' the houses of our CM, Mr. Karunanidhi. To top it, the lady in question, Mrs. Dayalu Ammal, invests and holds stake of 60% in Kalaignar TV, a great task for an humble housewife. Now, she can't be let off just because she knows only Tamil. Kanimozhi does lot of good work, that does'nt give her 'license' to take bribes and openly deny. Tamilnadu Ministers are talking to Congress leaders to let off Kanimozhi, but who gave them the powers.

from:  Vijay K.
Posted on: Apr 27, 2011 at 17:27 IST

Probably for the first time in the Independent India, the Investigation Agency, CBI, seem to be working without any political pressure, thanks to our most straight forward and honest Prime Minister Dr.Singh. I do not know why DMK should be so much perturbed if they have not done any mistake. Let the Agency investigate. When Raja was arrested, there was not so much of a fuss in the DMK head quarters. But since Kanimozhi is Karunanidhi's daughter, they do not want any one to find fault with her and she can do anything, this seems to be their logic. It is not right for the Party to react in this fashion now.

from:  Dinakaran
Posted on: Apr 27, 2011 at 17:20 IST

Will you be exempted if don't know English and you have funds in Swiss Bank?

from:  vasu
Posted on: Apr 27, 2011 at 11:36 IST

The hard earned money of Indian's which is collected in the form of Income Tax is being enjoyed by these corrupt politicians, is there anyone who can take note of this and put and end to such things. 200cores is a huge some of money. If this money is being shared amongnst these hard working Indian's am sure it would go a long way in helping them. India does not need someone to control or head them, get these politicians to work for a day like what we do and make them feel how hard it is to earn money. Hope there is someone who will get us justice.

from:  Syed
Posted on: Apr 27, 2011 at 01:22 IST

CBI will loose the respect of people if it is not acting on its own. If a politician is influencing you, then you are just like a drunken driver. You wont have any respect from the people on what you are doing if you are advised or commanded by Politician. What would a CBI officer get in return for not charging properly, either promotion, bribes or joblessness. I would resign a job where there is no job satisfaction, let the job be done who can work for the Country.

from:  Mathan
Posted on: Apr 26, 2011 at 19:45 IST

It is too obvious that 214 crores are nothing compared to the scale of the 1.7 Lac Crores. MK Family is no fools to just take pittance and be happy for the risk that they are undertaking. A lot of money is lost without trace - earlier it was told there are link to the international terrorist networks but no information is provided thereafter. May be the links are cut off, as MK has the 'scientific ways' to do corruption without any trace or evidence left. How would the Supreme Court ensure that the whole affair is traced and all the culprits punished and the looted money recovered and put to use for the country's development?

from:  Baskaran Kasimani
Posted on: Apr 26, 2011 at 15:19 IST

It is clear that Congress is using its clout with CBI to protect Mrs.Karunanidhi from being chargesheeted since this party is dependent on DMK for its power at the center. This quid pro quo arrangement is no different from that of Karunanidhi with his pet minister A.Raja for getting kickbacks from Spectrum 2G for Kalaignar TV. It is ridiculous to reduce Dayalu Ammal's role from a co-conspirator to a witness citing that she only knows Tamil when Kalaignar TV is a Tamil channel, not an English channel, where she holds the lion's share. If 88-year-old Karunanidhi can run Tamil Nadu State how does Dayalu Ammal's old age become an issue in board decisions? Something is rotten in the State of Denmark.

from:  Ravi
Posted on: Apr 26, 2011 at 13:53 IST

If Smt Dayalu is aged and can not reply properly, then the person respomsible to put her as 60% stake holder should be charge sheeted and made to explain the source of her funds. It is a simple benami transaction. CBI should show courage, now that the entire country is charged over the issue of 'Corruption'.

from:  K P Sastry
Posted on: Apr 26, 2011 at 13:10 IST

When the din and bustle associated with the high profile personalities involved in the 2G scam prosecutions get over, we shall know how our government authorities have been rewriting corporate laws and corporate practices, especially, the role of the board of directors. A director holding a substantial chunk of some 60% is given one treatment by the prosecutor on some flimsy grounds and another with 20% given a different treatment. A spokesman for the Congress tries to take shelter from the fact that the highest judiciary is supervising then progress of the case. But the public is bewildered. The other day a writer commenting on the way government is pursuing the Bhopal gas tragedy case tried to plead on behalf of a non-executive director on the tenuous ground that he was attending board meetings of the guilty company for a few hours only. And now this case which shows different treatment to different directors of the same company. No wonder, a few years back a commentator writing on corporate crimes and the tenets of corporate governance and board responsibility said humorously that at this rate companies should appoint a special director exclusively for going to jail in case the company was found embroiled in criminal actions. These issues, academic they may be, but are very essential for the institution of joint stock companies so essential for a strong economy. These issues cannot be given short shrift merely for suiting some short-term political ends.

from:  S Subramanyan
Posted on: Apr 26, 2011 at 12:11 IST

A person who does not know english knowledge , is not an excuse not to punish. This Kalagnar TV and its affairs are not run by the state only in English language. She is accompanied by all her friends and relatives and all the happenings will be in Tamil only. Indian people are not fools to believe this. Court should interogate. In the eye of law not knowing of a foreign language is not an excuse to get punished. Whether the SC will accept this ?

from:  Satyavadi
Posted on: Apr 26, 2011 at 11:57 IST

CBI acting on the basis of the minutes of meeting of a board meeting is Ridiculous. Does Dhayalu amma cease to be 60% stake holder because of her old age and deteriorating health. From where did she get the money gain 60% stake. As a stake holder she is responsible to know the flow of funds into her company

from:  Anand
Posted on: Apr 26, 2011 at 09:20 IST

If these perpetrators are not convicted and sentenced to prison in this case, then the public will completely lose what ever faith remains about our civil society. Also, all ineligible licenses should be cancelled and reauctioned. Imagine what we could have achieved if 1.76lakh crore is spent on infrastructure, Power, healthcare and education.

from:  Iyer
Posted on: Apr 26, 2011 at 09:18 IST

If "she could not be expected to give any attention to the company's affairs" in view of her "old age and deteriorating health.." then why is she holding majority of the stocks of the Kalaignar TV? She should be brought to court and only the sitting judge should decide on whether she can be let off.

from:  Velumani
Posted on: Apr 26, 2011 at 04:58 IST

To all those involved in so called bringing the justice - please bring the money back first - we have seen thousands of chargesheets, thousands of arrests, few suicides, few interpol notices blah blah over years on all scams. What we the public have not seen is those money coming back into government treasury and being spent for public.

from:  Sriram
Posted on: Apr 26, 2011 at 04:44 IST

80,000 page chargesheet by the CBI is a joke.In China, the maximum chargesheet should be 10 pages or less.I hope lokpal takes the chargesheet pages into account and make a rule that it should not be more than 100 pages.Making 80,000 pages chargesheet is to buy time and put the case in oblivion. Radia tapes are enough proof to charge the all of the conspirators, then why this investigation and that too only charging her on sections 7 and 11 which contains only 6 months - 5 years imprisonment.Only in our country, person accused can continue in office either as CM or as MP.Our people really do not care.

from:  Balaji Sridharan
Posted on: Apr 26, 2011 at 04:31 IST

I do not fore see any tangible in the progress of the 2G case unless all those involved are immediatly arrested before destruction of evidence.Of course CBI will be knowing how to proceed further and that what were the resources from which Dayalu Ammal, as a 'simple housewife' repaid the loans with interest will be probed. If there is fair interrogation and trial with all evidences. Unnecessarily this lady has been dragged in to this litigation by her relatives.

from:  Vittalanand
Posted on: Apr 26, 2011 at 00:55 IST
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