07 May,2011 07:00 AM IST | | A Correspondent
During bail hearing, her lawyer Ram Jethmalani said that the conspiracy was hatched by Raja and she had no role in it as 11 DMK leaders looked on; party denies charge
New Delhi: DMK MP Kanimozhi yesterday moved a Delhi court for bail against arrest in the 2G case as her lawyer Ram Jethmalani sought to pass the blame on the scandal to the former Telecom Minister A Raja, who is also a party leader. After daylong arguments on the bail pleas for her and Kalaignar TV MD Sharad Kumar, the special court for trying the scam adjourned the case for hearing till tomorrow morning when special prosecutor for CBI U U Lalit is expected to oppose bail for them.
Shielded? Kanimozhi being escorted out of the special court after the
hearing yesterday. Pic/AFP
Status quo
Special CBI Judge O P Saini ordered that status quo be maintained till it decides on their bail applications. Kanimozhi, the 43-year-old daughter of Tamil Nadu Chief Minister M Karunanidhi who appeared in response of the summons of the court, was composed as Jethmalani said that the conspiracy was hatched by Raja and she had no role in it.
Kanimozhi, who was escorted to the court by her husband Aravindan and a battery of 11 party MPs, including DMK Parliamentary Party leader T R Baalu, faces the charge of criminal conspiracy and taking illegal gratification for Kalaignar TV for grant of 2G licenses. Raja was also present in the courtroom along with other corporate honchos who are in custody as Jethmalani recorded a caveat, saying his arguments for Kanimozhi were being made without prejudice to the case of the other accused, including Raja.
Outside the court, DMK spokesman and MP T K S Elangovan sought to dismiss suggestions that Raja was being given up by the party. "Jethmalani does not belong to the DMK. He is defending Kanimozhi and Raja will be defended by his advocate. This is how the court proceedings work," he said. However, Vijay Agarwal, lawyer for co-accused Asif Balwa and Rajeev Agarawal, said that the CBI was adopting a "hostile" attitude against his clients but hesitating to arrest Kanimozhi and Sharad Kumar who had allegedly received bribes. At the outset, the lawyer maintained that Kanimozhi "has no role, whatsoever, in the scam."
'Misfortune'
"My misfortune is that I am Karunanidhi's daughter and an MP. I have 20 per cent shares in Kalaignar TV. Show me one overt act of mine which relates to the offence,"u00a0 the MP said. He contended that apart from having 20 per cent shares in Kalaignar TV, she does not have any role in running its day-to-day affairs. She is neither a board member nor had attended any board meeting of the channel, said Jethmalani, adding that being a woman she deserves to be granted bail.
Dealing with the CBI's allegations, Jethmalani said, "Even if we assume that A Raja (former Telecom Minister) got the bribe money transferred from Dynamix group to Kalaignar TV, no guilt is proved against her as she did not sign any of the documents on behalf of the recipient TV channel.
"Let us also assume that at his (Raja's) instance Rs 200 crore was routed to the TV channel. What is the offence committed by her? She is only a shareholder in the company," he asserted. Jethmalani also sought to blame co-accused Sharad Kumar when he said that it was he (Kumar) who took all the decisions on behalf of the TV channel. "It is almost impossible to obtain a conviction of her in this case," he said.
Citing various judgements of the Supreme Court and those of various US courts, Jethmalani said an overt act committed by the company cannot be attributed to a person who is its mere shareholder and did not take part in any of its decision-making processes, indicating his complicity in the case.
