DMK MP Kanimozhi on Thursday told a Delhi court that she cannot be charged with the offence of criminal breach of trust as the CBI did not attribute any role to her in allocation of licenses for the 2G spectrum.
“They (Kanimozhi and CEO of DMK-run Kalaignar TV Sharad Kumar) are not allotters of the licenses for 2G spectrum. Section 409 (criminal breach of trust by a public servant) of the IPC cannot be used against them as neither they are public servants nor played any role in the spectrum allocation,” senior advocate Altaf Ahmed told Special CBI Judge O. P. Sani.
Ms. Kanimozhi, who is in jail since May 20 after her bail plea was dismissed in the case, said the charge sheet “did not contain a word” that she conspired or played a role in alleged “dishonest disposal” of public property (spectrum).
“Other lawyers have already argued that spectrum was not the property which can be disposed off and it cannot be entrusted to others. My case is that I was not involved at all,” Mr. Ahmed said.
CBI has sought framing of charges of criminal breach of trust against former Telecom Minister A. Raja and others. If convicted, they may face life imprisonment as maximum penalty.
It also sought to try rest 14 accused, including Ms. Kanimozhi under same penal provision by making them a party to conspiracy allegedly hatched by Mr. Raja and two other public servants.
CBI, in its plea, said Mr. Raja and two government servants had a dominion over valuable 2G spectrum in their respective capacities as public servants and they flouted law in award of licenses, which made out a case of criminal breach of trust.
