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A Special Court on Saturday deferred to October 17 the arguments on the bail plea of DMK MP Ms Kanimozhi and Kalaignar TV Managing Director, Mr Sharad Kumar. Both are accused in the 2G spectrum allocation case.
Ms Kanimozhi's and Mr Kumar's lawyers told the Special Court that they are bound to obey the apex court order, which, while rejecting their bail applications in June, had directed that such a plea could be considered only after framing of charges in the case.
The Special Court agreed to this and posted the matter for October 17, as it is likely to complete the process of framing of charges by October 15.
The court also postponed to October 3 the arguments on the bail application pleas of five other accused – Mr R.K. Chandolia, former private secretary of the then Telecom Minister Mr A. Raja; Mr Shahid Usman Balwa, the promoter of Swan Telecom; Mr Rajiv Agarwal and Mr Asif Balwa, directors of Kusegaon Fruits and Vegetables; and Mr Karim Morani, director of Cineyug Films.
The lawyers for these accused said the bail plea of their clients should be heard on October 3 as the apex court order was only on the bail plea of Ms Kanimozhi and Mr Kumar and not of their clients.
The CBI had on Friday opposed the bail applications of the accused saying that according to the apex court order, their bail pleas could be considered only after the framing of charges. The accused are lodged in Tihar jail.
Meanwhile, Ms Kanimozhi and Mr Kumar opposed the CBI's move to add a new charge of ‘criminal breach of trust by public servant' along with the charge of criminal conspiracy against them.
Taking this stand, the lawyers of Ms Kanimozhi and Mr Kumar, in a reply filed before the Special Court, claimed that their clients were not beneficiaries of the 2G spectrum licences. They also said Ms Kanimozhi and Mr Kumar were not part of any conspiracy regarding 2G spectrum allocation and added that the two had nothing to do with the 2G spectrum allocation.
Ms Kanimozhi, a sitting MP, also said since she is a public servant, a proper sanction is needed to add the new charges against her.
Significantly, the offence (Section 409 of the Indian Penal Code - criminal breach of trust by public servant) is punishable with imprisonment for life, or imprisonment for 10 years and fine
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