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 Mr. 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 the former Communications Minister, A. 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 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.
Ms. Kanimozhi was lodged in a 15 ft x10 ft cell in jail No. 6 of the Tihar Jail complex. She will have access to TV, newspapers, a ceiling fan and a cot. Mr. Kumar will be kept in jail No. 4, where he will join the former NALCO CMD, A.K. Srivastava, and the sacked CWG organising panel chairman, Suresh Kalmadi.