M A I N   N E W S

2G scam: Fighting tears, Kanimozhi lands in Tihar
Judge said there was a possibility of witnesses being influenced considering the ‘magnitude’ of the crime
TNS and Agency

The case

Kanimozhi and Sharad Kumar, both of whom are 20 per cent stake holders in Chennai-based Kalaignar TV, have been charge sheeted by the CBI of having received Rs 214 crore in “illegal gratifications” from Dynamix Balwa (DB) Realty, a company promoted by Shahid Usman Balwa and Vinod Goenka, one of the beneficiaries of 2G Spectrum allocation.

The verdict

“Considering the magnitude of the crime, nature and enormity of the allegations, character of evidence on record and the apprehension that the witnesses may be influenced in case the accused are released on bail, I have no hesitation in holding that both applicants/accused have failed to make our a prima facie case for bail.” — Judge

New Delhi, May 20
The CBI Special court hearing into the 2G Spectrum allocation scam today dismissed the bail application of DMK MP Kanimozhi. She was arrested and sent to Tihar jail. Denying her bail, the judge said there was a possibility of witnesses being influenced considering the "magnitude" of the crime.

The 43-year-old daughter of Karunanidhi's second wife Rajathi, was shocked on hearing the order pronounced by Special CBI judge O P Saini but maintained her calm in the court.

However, tears welled up in her eyes when she was taken to the court lock-up by police personnel.

Clad in an orange salwar suit, she was later driven in a Delhi police van to Tihar prison where she will be lodged in jail No 6. Former Telecom Minister A Raja is already lodged in Tihar.

The judge also rejected the bail plea of Sharad Kumar, MD and CEO of Kalaignar TV Private Ltd, who along with Kanimozhi, faces the charge of conspiracy and bribery in accepting Rs.200 crore from D B Realty ordering their arrest ‘forthwith”.

Pronouncing the judgment today afternoon after deferring it twice earlier in the day, Special CBI Judge OP Saini stated that both the accused had failed to make a prima facie case for bail and hence the same are dismissed.

“Considering the magnitude of the crime, nature and enormity of the allegations, character of evidence on record and the apprehension that the witnesses may be influenced in case the accused are released on bail, I have no hesitation in holding that both applicants/accused have failed to make our a prima facie case for bail. The bail applications are without merit and the same are dismissed,” said the Judge in his order while placing both the accused into custody forthwith. The duo has been asked to appear before the court tomorrow.

One of the bodyguards of Kanimozhi started crying inconsolably when Kanimozhi was being taken inside the lock-up at Patiala House Courts here.

Kanimozhi, who was accompanied by her husband Aravindan, family members and DMK Parliamentary Party chief leader T R Baalu

Kanimozhi and Kumar, both of whom are 20 per cent stake holders in Chennai-based Kalaignar TV have been charge sheeted by the CBI of having received Rs. 214 crore in “illegal gratifications” from Dynamix Balwa (DB) Realty, a company promoted by Shahid Usman Balwa and Vinod Goenka, one of the beneficiaries of 2G Spectrum allocation. As per CBI, DB Group’s Swan Telecom was ineligible for a 2G Spectrum licence and Rs. 214 crore was paid to Kalaignar TV in lieu of the licence granted by the then Telecom Minister A. Raja, who is also a DMK member and close to Kanimozhi.

Earlier on May 6, while pleading bail for Kanimozhi, seasoned criminal lawyer Ram Jethmalani had argued that she was merely a 20 per cent stake holder in the company and not an MD (Sharad Kumar) who is responsible for the day-to-day running of the company.

However, the court in its order today maintained that the “role of both the accused (Kanimozhi and Sharad Kumar) in the case is clear from the incriminating material on record” and thus the submission is without merit.

However, while placing Kanimozhi and Sharad Kumar under arrest, the judge allowed Kanimozhi books, home food, medicines and other facilities inside the jail.