Kanimozhi's bail plea hangs in balance

RS MP must stay in Delhi till Assembly poll results on May 13

Special Judge (2G spectrum cases) O P Saini reserved the order on the bail plea of Kanimozhi and Kalaignar TV managing director Sharad Kumar, named accused in the CBI’s supplementary charge sheet, till May 14.

The court rejected the applications for exemption from appearance on May 9 and 10 filed by Kanimozhi and Kumar for their visit to Chennai in order to meet their auditors to prepare their replies to notices of the Enforcement Directorate before which both have to appear on May 13 and 14.

Hence, Kanimozhi will not be able to leave the national capital. She will have to be present during the court hearing every day even as the results of Tamil Nadu Assembly elections will be pronounced on May 13.

Senior advocate U Lalit op­ened the arguments on be­ha­lf of the CBI to oppose her bail plea by alleging that Kanimozhi was the main “guiding force and controlling mind” behind Kalaignar TV.

He also referred to the 80 per cent shares held together by the Rajya Sabha MP and her mother Dayalu Ammal.

“One can’t imagine that Rs 200 crore would be plo­ughed back so easily without some guiding mind,” he said.

Lalit, appointed special public prosecutor by the apex court, claimed that the documents available with the CBI “charge sheet showed certain facets of her acts, including her closeness, constant touch and interaction with A1 (Accused one former Telecom Minister A Raja).”

The prosecutor opposed arguments of Kanimozhi’s counsel senior advocate Ram Jethmalani that she must be accorded special status for being a woman by alleging that she was the main “alter ego” behind the corporate entity of Kalaignar TV and was liable for its act.   “It is a fact that she was the brain behind the company,” he alleged.

 Lalit argued that the money travelled to Kalaignar TV through Kusegaon Fruits and Vegetables Pvt Ltd and Cin­eyug Films Pvt Ltd which were shell companies.

The transaction of such a huge amount without any agreements also created suspicion. He alleged that it was Kanimozhi and Kumar who took all the decisions in the Kalaignar TV management.

Conjecture patchwork

Advocate Altaf Ahmed, appearing for Kumar, rebutted the arguments of Lalit by claiming that the CBI as per its claims was already in possession of “enough materials,” including balance sheet, and income tax returns, so there was no chance of the accused tampering with evidence in case of his release. He termed the charge sheet a “patchwork of conjectures”.

During the hearing, Kanimozhi was seen interacting frequently with Raja. Her husband Aravindan sat beside her. DMK Parliamentary Party leader T R Baalu, TKS Elangovan and other leaders were also present.  Delhi-based journalist M Furquan has filed an application seeking direction to the CBI to name Reliance ADAG Chairman Anil Ambani and DMK chief M Karunanidhi’s wife Dayalu Ammal accused in the case. The court will hear the application on May 24.

Accused Asif Balwa and Rajiv Aggarwal, who are in judicial custody, moved their bail applications which were partly heard by the court. The hearing will resume on Monday.