Kanimozhi, Member of Parliament and daughter of former Tamil Nadu Chief Minister M. Karunanidhi, has moved the Supreme Court, seeking to quash the charges framed against her by the trial court in the 2G spectrum case.

In a petition filed by advocate Joseph Aristotle, she said she was aggrieved by the stay order passed by the Supreme Court on an application filed by the CBI on all proceedings pending before the Delhi High Court, which violated her fundamental right under Article 21 of the Constitution.

She said right to fair trial was an exceptional right to be enjoyed by the guilty as well as the innocent, because an accused was presumed to be innocent until proved otherwise in a fairly conducted trial. The stay order curtailed her fundamental right to contest the baseless charges by filing a quash petition and she was constrained to file the writ petition.

Ms. Kanimozhi said she was one of the directors of Kalaignar TV for a very brief period from June 6, 2007 to June 20, 2007. Subsequently, she resigned much before the launch of the TV channel and she had not signed any cheque on behalf of the company or received any monetary benefit. Further, she was only a 20 per cent minority shareholder in the company and it was a settled law that a shareholder could not be saddled with criminal liability for acts and omissions of the company.

She said the allegations made against her were all pertaining to the financial transactions of Kalaignar TV between December 2008 and August 2009, ie., after more than 18 months of her resignation as a company director. The prosecution documents itself would show that she had no role in its operations, particularly in relation to the transfer of funds of Rs. 200 crore to Kalaignar TV.

The CBI allegation of her strong association with the former Telecom Minister and co-accused, A. Raja, was mischievous and misleading, as there was absolutely no evidence of her involvement in the conspiracy, she said.

  • “Stay order violates my fundamental right”

  • CBI allegation mischievous and misleading, she says