Trial 'malicious' for want of sanction of RS Chairman: DMK MP

"Her (Kanimozhi) name figures in the charge sheet as a private person. She, during her interrogation, had already told CBI that she was an MP of Rajya Sabha. Still, they had the courage to say that she was a private person.

"This is the most frivolous and malicious prosecution. I cannot condone the act of CBI for describing her as a private person only because of the fact that the (five-judge bench) judgement of the Supreme Court came before them (CBI). The judgement requires the sanction for prosecution of an MP," senior advocate Sushil Kumar, appearing for the 43-year-old DMK leader, told special CBI Judge O P Saini.

If CBI had disclosed the obvious that Kanimozhi was an MP, the court would have "certainly" asked for the sanction but this was not done, the defence counsel said, adding "no MP can be prosecuted without prior approval either from Lok Sabha Speaker or Rajya Sabha Chairman."

This suppression of fact is "sufficient to infer that it is a frivolous and malicious prosecution...even today, you (judge) can release her unconditionally and cognizance of the offence can be taken after the proper sanction. The cognizance of the offence is void-ab-initio", he said, adding "this applies to A Raja".

"I appeal to you, please take a decision which is legally sustainable. Whole charge is quashed only on the ground that there was no sanction. On merits, they (CBI) have no case and even on legality, they have no case," he said.

CBI filed the supplementary charge sheet on April 25, 2011 and deliberately referred Kanimozhi, an MP, as a private person, the defence lawyer said.

"But in a lighter vein, I would like to make a comment, the word CBI came into being on April 1, 1963. That is Fools Day. Which is why they (CBI) do such wonders. CBI interrogates a sitting MP. She tells them she is an MP yet CBI has the courage to say that she is a private person," he said.

Nothing remained against Kanimozhi who has been framed due to some "extraneous reasons", he said.

The lawyer, however, did not elaborate saying "I do not want to say much. I do represent politicians who are facing prosecution."

"The fact that there was no prima facie case, no material to support the allegations and finally, no sanction has been taken and the lack of sanction is fatal for the case," he said.
"Even if you (judge) have got any confusion, if at all, on the facts, then apply the law straight away as the lack of sanction is fatal in the case," he said.

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