2G scam: MP Kanimozhi back in jail after SC rejects bail plea

The CBI is likely to soon file a third chargesheet in the case after which the special CBI court is expected to frame charges.

A special Bench of justices G S Singhvi and B S Chauhan ticked off counsel for Kanimozhi and co-accused Kalaignar TV Managing Director Sharad Kumar when they claimed they were innocent and were not hungry for money.

“Hungry people neither take bribe nor do they come to courts. None of them (accused) is a hungry person,” the Bench remarked when senior counsel Altaf Ahmed argued the accused were “not hungry for money,” and the Rs 200 crore transferred to Kalaignar TV was part of a loan amount.

The apex court order came as a surprise for the lawyers and family members of the two accused as they were hopeful of getting relief from the Bench which appeared

receptive to their pleas during the 90-minute hearing.

The defence argument that Kanimozhi and Kumar,whose bail plea was also rejected today,were no longer required for investigation as CBI had so far not interrogated them prompted the Bench to ask the agency why it has failed to interrogate her.

It also asked senior counsel A S Chandiok,appearing for CBI,on what had prevented the agency from recovering certain documents.

“What is preventing you from recovering the documents. Why did you not interrogate them? Have they been interrogated? Why were they not questioned?” the Bench asked CBI.

The senior counsel merely said the probe was on.

The Bench was not impressed with the defence plea that the accused were willing to abide by any condition for bail and even the IMF Chief Dominique Strauss-Kahn was granted bail in the sexual molestation case.

“Let us keep media discussions outside. It tends to blur our thinking,” the Bench remarked. The Bench did not agree with the plea of senior counsel Sushil Kumar that Kanimozhi should be granted bail as she has a 10-year old child to look after and that she was being denied his company.

“That happens to all other women,” the Bench remarked.

Sushil Kumar pleaded that since Kanimozhi was not charged with any IPC offence,the maximum sentence that she could face in the event of her conviction was six years and hence she should be granted bail.

“The victim of the crime is the sovereign,” the court observed,when the defence argued the accused were entitled to bail as the alleged crime was not against any individual but the state.

The counsel claimed that Kanimozhi had no role in Kalaignar TV as she was a director for a mere 14 days. The CBI,he said,could not produce any evidence to prove that she had signed any documents pertaining to the alleged Rs 200 crore transferred to the company’s account.

During arguments,the CBI opposed the bail on grounds that the trial and High Court had rightly rejected their plea as they could tamper with the evidence and influence witness.

“It is a notion not an apprehension,” the Bench observed.

Chandiok submitted that original documents pertaining to the Rs 200 crore transferred to the company had not been recovered as the accused should not be enlarged on bail.

The apex court,after hearing arguments,passed the order,which said,“In our view,the reasons assigned by the learned Special Judge and the learned Single Judge of the High Court for refusing to entertain the petitioners’ prayer for bail do not suffer from any legal infirmity.

“The special leave petitions are accordingly dismissed. However,liberty is given to petitioners to file fresh applications under Section 439 of the Code of Criminal Procedure before the Special Court after framing of charges.

“In her application,petitioner no. 2 shall be entitled to again invoke the provisions of Section 437 of the Code of Criminal Procedure.

“The fresh applications filed by the petitioners shall be decided by the Special Court without being influenced by the rejection of the earlier applications,” the order said.

Today’s stipulation by the apex court virtually puts a bar on the grant of bail not only to her but also to the other high-profile accused,including former Telecom Minister A Raja and several senior corporate executives,till the framing of charges in the case,which may take a few months.