Cannot show consideration on gender grounds: Court
Rajya Sabha member Ms Kanimozhi and her fellow stakeholder in Kalaignar TV, Mr Sharad Kumar, who is also the network's Managing Director, were on Friday arrested and remanded to judicial custody. They were sent to Tihar Central Jail after the special court hearing the 2G spectrum case rejected their bail applications.
The Special Judge, Mr O.P. Saini, expressed the fear that witnesses in the case, who are Kalaignar TV employees, could be influenced and that allegations against the accused were of a “grave” nature.
“Considering the magnitude of the crime, nature and enormity of the allegations, character of evidence on record and the apprehension that witnesses may be influenced in case the accused are released on bail, I have no hesitation in holding that both applicants/accused have failed to make out a prima facie case for bail,” Mr Saini said in his order.
DMK party workers and others who accompanied her to the courtroom, broke down after Mr Saini pronounced his order and called Ms Kanimozhi and Mr Kumar, who were until then seated in the courtroom, to come forward and stand on the dock.
As soon as the judge left the courtroom for his chamber, party workers and others huddled around Ms Kanimozhi and bid her a tearful farewell even as she struggled to maintain her composure comforting her sympathisers. Ms Kanimozhi and 11 other co-accused in the case were then led to the court lock-up, from where they were taken to Tihar Jail.
Mr Saini, in his order, made detailed mention of the submissions by Ms Kanimozhi's counsel, Mr Ram Jethamalani, Mr Kumar's counsel, Mr Altaf Ahmed, and the CBI counsel, Mr U.U. Lalit, besides examining the material on record to arrive at his observations on the matter.
On Mr Jethmalani's plea for consideration of Ms Kanimozhi's womanhood for bail under Section 437 of the Criminal Procedure Code, Mr. Saini noted: “Considering the magnitude of the crime and the allegations against her, I am unable to show any consideration to her on this ground, though I wish I could show her some consideration, considering her extremely dignified conduct in the court.”
The order also delved into the charges against Ms Kanimozhi and Mr Kumar including the Rs 200 crore amount transferred from Dynamix Realty to Kalaignar TV.
The judge also referred to the revelations of prosecution witness Aseervatham Achary on Ms Kanimozhi's role in Kalaignar TV and her relations with Mr Raja; and the statements of two other witnesses from Kalaignar TV — General Manager Mr G. Rajendran and Director Mr P. Amirtham — on the share subscription and shareholder agreement executed on December 19, 2008, between Cineyug Films and Kalaignar TV in his order.
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