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This is an archive article published on June 17, 2011

If released,MP Kanimozhi can influence witnesses,CBI tells SC

CBI opposes Kanimozhi bail plea; argues Rs 200 cr paid to Kalaignar TV was 2G bribe,not loan.

The CBI today opposed in the Supreme Court the bail plea of DMK MP Kanimozhi and co-accused Kalaignar TV Managing Director Sharad Kumar in the 2G case on the ground that if released,they could tamper with evidence and influence witnesses.

In an affidavit filed before the apex court,the investigating agency contended that Kanimozhi and Kumar were key conspirators and Rs 200 crore transferred to the Kalaignar TV was part of the “bribe” amount and not a loan as claimed by the accused.

The agency said that since investigation in the 2G case is at an advanced stage,it will not be proper for the apex court to grant bail to the accused.

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The CBI submitted that the special CBI court and later the Delhi High Court had carefully evaluated various material evidence and other factors to decline bail to them.

The apex court had on June 13 asked the CBI to explain where the Rs 200 crore,allegedly diverted to DMK-owned Kalaignar TV in the 2G scam,has gone and also to file a response on their bail pleas in a week’s time.

A Bench of justices B S Chauhan and Swatanter Kumar,while terming “corruption as the worst form of human rights violation,” had asked CBI to come out with a status report on the loss to the state exchequer due to the 13 licences awarded to one of the telecom operators and trial proceedings in the CBI special court.

Kanimozhi and Kumar had moved the apex court seeking bail on June 10,challenging the Delhi High Court verdict rejecting their bail. Bail was rejected on the ground that they have strong political connections and the possibility of influencing witnesses could not be ruled out.

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Named as accused in the second chargesheet for allegedly taking a bribe of Rs 200 crore,the two were arrested on May 20 after the special court dismissed their bail pleas in the case.

Both Kanimozhi and Kumar have 20 per cent stake each in Kalaignar TV Pvt Ltd which allegedly received Rs 200 crore through a “circuitous” route from Shahid Balwa promoted DB Realty.

DMK chief’s wife Dayalu Ammal,who has been left out of the list of accused,owns the remaining 60 per cent shares in the channel.

Kanimozhi and Kumar had moved High Court on May 23 challenging the trial court’s order which had rejected their bail pleas,saying the offence attributed to them was grave and the possibility of influencing witnesses could not be ruled out.

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CBI Special Judge O P Saini had on May 20 rejected the bail pleas of Kanimozhi and Kumar and ordered their “forthwith” arrest. They are currently lodged in Tihar Jail.

Kanimozhi,who sought bail in the special court on the ground of being a woman,had approached the High Court for relief citing the need to look after her school-going child who is devoid of her care while his father is working abroad.

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