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Counsel assails CBI not opposing bail pleas of Kanimozhi, four others
The former Telecom Secretary Siddhartha Behura on Tuesday tore into the CBI for not opposing the bail pleas of five other accused in the 2G spectrum scam, including DMK Rajya Sabha member Kanimozhi, alleging that this indicated the “intrusion of political influence in the legal process,” after the investigating agency opposed his bail plea on the ground that he was an “influential person” capable of “winning over/threatening vital witnesses”.
“The prosecution is making a distinction [among the accused]. It shows there is intrusion of political influence in the legal process. It is a colourable exercise of power. If the prosecution has conceded bail to Kanimozhi and others, then all the accused should be treated equally. Law makes no distinction among the accused,” counsel Aman Lekhi told the CBI special court.
Pointing out that there was no allegation of bribery against his client or that he decided on spectrum pricing, which ultimately led to a loss to the exchequer, Mr. Lekhi — referring to Ms. Kanimozhi, Sharad Kumar, Asif Balwa, Rajeev Aggawal and Karim Morani — through whose companies Rs.200 crore travelled from Dynamix Realty as alleged kickbacks, said: “Those who had a share in the booty are let off. Who are in Kalaignar [TV], Cineyug, and Kusegaon?”
Opposing Mr. Behura's bail plea, the CBI said the former bureaucrat was “an influential person and there is every apprehension of his tampering with evidence and winning over/threatening of vital witnesses.” The CBI had not raised this objection in its replies to the bail pleas of Ms. Kanimozhi, Mr. Shahid Balwa and five other accused.
Taking exception to this, Mr. Lekhi said: “We have as accused — politicians, film industry people, big corporate honchos — and we have poor Mr. Behura, the oldest of the lost, and a retired government servant.” Wondering how Mr. Behura was more influential than the other accused having “access” to the government, Mr. Lekhi said: “Anyone who looks at the list of the accused knows who is the most influential. If the most influential in the case can't affect the integrity of the trial, this cannot be held against Mr. Behura.”
Gravest of the charges
Special Public Prosecutor U. U. Lalit rebutted Mr. Lekhi's arguments, stating the first charge of criminal conspiracy (120B of the Indian Penal Code) to commit breach of trust, cheating and forgery was an “all-inclusive charge, a general charge” against all the accused, while the second charge of criminal breach of trust (409 IPC) against Mr. Raja [former Telecom Minister] and Mr. Behura were the “gravest of the offences.”
While circumstances changed after the framing of offences, these changed to the “detriment” of Mr. Behura, and not to his “benefit,” as he was now triable under 409 IPC, which carries a maximum punishment of life imprisonment, Mr. Lalit said.
On Mr. Lekhi's contention that the prosecution could not segregate the accused based on the charges against them, Mr. Lalit said: “As the prosecution, we feel there is need to have a distinction between the accused on the basis of individual charges, and on this basis if there is room for a favourable look at the accused, we advocate this.”
Reverting to Mr. Lalit's submissions, Mr. Lekhi said the Criminal Procedure Code did not talk of “general” or “individual” charges. “The general charge in this case, 120B read with 409 IPC, carries a punishment against all the accused, as serious as the individual charges against Mr. Behura. The 409 charge is not exclusive to Behura. The charge taints all accused. It is not that Section 120B read with 409 IPC caries less punishment. It carries as much punishment as 409 IPC alone.”
On the prosecution's contention that the liability under 409 IPC against Ms. Kanimozhi and others was “vicarious,” Mr. Lekhi said the Indian Penal Code did not distinguish between vicarious and individual liability. Those charged with conspiracy should be “similarly treated.”
Mr. Lalit concluded his submissions on a sombre note, emphasising that he did not “hold a brief” for any of the accused. “I stand here as public prosecutor; as purely an impartial observer; and to place the facts of the case before the court. When I saw the charges, I thought a concession could be made. I felt a distinction could be made among accused. If you [the court] feel my concession is misplaced, I leave it to the conscience of the court to decide on the matter.”
The court reserved order on Mr. Behura's bail plea for Thursday. It will be passed along with the orders on the bail pleas of seven other accused.
Marxists contend that all societal activities are class-conditioned and hence all human endeavors are political --- including art, religion and police-judiciary. But in the Delhi Durbar, all institutions and individuals are political --- be they officials, media, business or investigating agencies. The dialectics here is driven by money (graft, legitimate or in-between), the universal denominator.
How long would could the apex judiciary be an exception?
India has downgraded tremendously the way CBI is conducting investigations with 3G fiasco and Jagan's businesses in AP. For instance, the finance minister under YSR government Rosaiah is now a governor of TN. How can YSR be corrupt without involvement of his finance minister.
In the 2g spectrum case it seems that CBI is following orders of the " MOST INFLUENTIAL PERSON OF INDIA". If CBI has no solution other than accepting the influence of people then it should not talk about influence of people as CBI is also doing the same thing.
Unless CBI reports only to its panel of Directors who are appointed by processes as envisaged in the Lokpal Bill and the panel of Directors in turn report to a committee comprising of a Joint Steering Committee of the parliament and the Chairman of the Rajya Sabha and further the tenure of the members of Joint steering committee set up for the purpose is fixed for not more than five years - there will always be a question of how the CBI can be kept independent of political influence and still be accountable without compromising its primary functions.
Given the track record of CBI,known for its lenience and the shift, on instructions from power centre is hard to be ruled out. That explains why UPA govt, is hellbent to exempt the investigating agency from the ambit of Lokpal. The magic wand of CBI swinging to the tunes of those in the helm, has done many wonders both inside and outside Parliament.
circa 1989 india chennai : Presented a mining case before the highest authority for illegal mining. Getting the case bundle or rather resurrecting the case by itself was pure mercy of the gods. Bringing it before the lordship was next to impossible and finally when it came up and his handling the case was the final straw that my good Jesuit schooling and the agrarian mindset made me decide to get out of practice and move to my adopted land where this level of stooping is scarce thank god.
I refrain from making reference to any specific names inasmuch as the matter is sub judice now. I read on Internet that Serpentine Charles Sobhraj who had committed murders in two or more continents and who was eventually jailed in Tihar Prison used to walk in and out of the prison as he wished anytime thanks to his greasing the palms of the corrupt officials. I am afraid that same thing may happen to rich and powerful VIP prisoners. They may not be subjected to the usual hardships of the common prisoners.There are no comets seen when beggars die. I am also concerned that convicted or not the powerful politicians who have looted the country may take the money to England or USA and settle happily thereafter as the deposed rulers and Generals of Pakistan have been doing for decades. Of course western countries will like these politicians, for their looted money will be poured into the economies of those countries. Of course those countries won't let beggars come in. Stop that money flow.
There is a lot of merit to Mr. lekihi's arguments that the prosecution's case is selectively trageting some individuals and letting some off the hook due to external political influences. It is as brazen as it can be withoutt even a fig leaf of a cover. This is what the Anna team is trying to correct from a Jan Lokpal bill which the beneficiaries of corruption are trying to frustrate.
I wonder if it is cynical to feel that after DMK's Karunanidhi's explicit and public overtures to UPA (SG), the CBI did not opposose bail but the HC was covertly given a different signal?
This decision looks biased.Because in similar or more serious cases bails have been granted in the past.The Judge seems to have some grudge against the accused.In India justice system needs revamping along with the administrative system.Besides CBI is not infallible all the time.There are many cases against innocent Muslims that were foisted and the persons had been convicted till the new accidental confessions from the accused have exonerated them!Regardless of the laws and regulations,human beings will tend to commit mistakes but a constant vigil and amelioration can prevent the innocents from being sacrificed.
I still cant belive how such a bill ( 2g scam auction) is passed without the knowledge and permission of MMS, SONIA, CHIDAMBARAM.Is this the way other bills are passed?? Am so afraid about the way our country is moving on. We need to have a strong political leader to save country.Uncertainity in ruling always affect countries growth.
Dayanidhi Maran who had flagrantly violated all norms and misutilised all the telecom privileges and caused hundreds of crores of loss to BSNL is yet to be arrested. CBI is making a pathetic attempt to delay prosecution and arrest. They searched Maran's house after two years of occurrence of scam. Jayalalitha was screaming from the rooftops about the scam in 2007 and yet CBI did not even take notice . UPA govt turned a deaf ear to the allegation. Now, Karunanidhi has to only come to Delhi , offer a shawl and bouquet to Sonia and CBI swings into action and doesn't oppose the bail application of Kani and a few others. Manish Tiwari comes out with his criminal jurisprudence concept of ' Bail and No Jail' just to suit his UPA ally and darkly hinting at what is expected of the Delhi High Court. Long live our Democracy!!
with this argument it seems that it will be very difficult for getting bail order for Kanimozhi and others.
The political 'hand'was clear when the parents of the accused sought a much publicised audience with the most powerful person in India, and the media openly held this to be a fervent appeal for help. If the courts are indeed freely allowed to dispense justice, as hypocritical politicians repeatedly claim but do their best to hinder,people will have more faith in our system.One naturally tends to be cynical with the types of 'leaders' we have today.
All this is an eye wash. Do we remember Sukh Ram the then telecom minister who had cash in gunny bags....no one knows the status of the case also. The same is going to happen to the 2G scam also. It is sad that Manmohan singh has also been corrupted by theses corrupt politicians. All this will only make interesting reading for sometime.....
This should be a lesson to all those who either indulge themselves directly or be an instrument in making the govt., loose the revenue. Let them all suffer equally as our country's exchequer / poor people suffered.
As from current scenario, it is visible to me that after few years this case is also going to be like Boffurs case. At least court is holding its hands tight on this issue. Anyways we are made a silent spectators of all these drama and buildup that CBI is making.
CBI has investigated and prosecuted only 1 or 2 politicians and top officials in the history of India, in corruption cases. What a waste!
The Congress government is still doing everything it can to protect Kanimozhi, who stands accused of this gigantic telecom scam. Why did CBI oppose only the retired civil servant's bail when people like Mr. Balwa and Ms. Kanimozhi are obviuosly much more "influential" defies all logic. CBI is so obviiusly weak that only Supreme court can probably do some justice if at all anyone can.
It is obvious that political pressure has been brought on CBI not to oppose the bail applications after meeting of karunanidhi with manmohan singh and Sonia gandhi No doubt politics is still being adopted in legal matters also which should be deprecated and eliminated if really this country is to be free of corruption.
CBI is established under PMO. That's the reason why politics still corrupts way justice is metted to the blue collar criminals.
One cannot but agree to what Mr. Lekhi has said. It is an open yet untold secret that had the outcome of the assembly elections in Tamil Nadu been in favour of the DMK, the verdict would have been different in the first place itself. God save our country and our 'entwined' systems.
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