The plea of a DMK supporter from Tamil Nadu that the bail application of party MP Kanimozhi be either referred to the Delhi High Court or to the Supreme Court was on Saturday dismissed.
The special court, designated by the Supreme Court to exclusively deal with the 2G spectrum case, rejected the plea of M. Purushothaman, saying his submissions were “contrary to law” prescribed under the CrPC.
“When an accused appears or is brought before the court and a bail application is moved by him/her, the same has to be disposed of as per provisions of the CrPC, which deals with the provisions as to bail and bonds. The submissions, as such, are contrary to the law.
“The application is without merit and the same is dismissed,” Special CBI Judge O.P. Saini said.
Purushothaman, a DMK supporter who came all the way from Chennai to file the application on May 12, submitted that if an elected representative (Rajya Sabha MP Kanimozhi) is arrested, it would “affect the rights of the citizens” to participate in the affairs of their constituency through an elected representative.
Terming Ms. Kanimozhi as their “collective voice”, he had said “the special court should consider whether the right of a voter held to be a fundamental by the apex court would be affected if elected representative is detained or prevented in any manner from discharging her constitutional duty“.
“A member of Rajya Sabha not only expresses his or her opinion but also expresses the collective opinion of the voters who have voted for him or her,” he said.
