The Delhi High Court on Wednesday issued notice to the Central Bureau of Investigation on the bail plea of the accused in the 2G spectrum case including the DMK MP. Ms Kanimozhi.

The CBI has to file its reply by December 1, when the matter would be heard again.

The accused had moved the High Court on November 5 for bail. The Special Court had rejected their bail plea on November 3.

The others who have sought bail include the Kalaignar TV Managing Director, Mr Sharad Kumar, Director of Cineyug Media and Entertainment Pvt Ltd, Mr Karim Morani, and Directors of Kusegaon Fruits and Vegetables, Mr Asif Balwa and Mr Rajiv Agarwal.

The accused are lodged in Tihar jail. Ms Kanimozhi has been in jail since her arrest on May 20.

Rejecting Ms Kanimozhi’s bail plea, the Special Court had said she “belongs to upper echelons of the society and is also an MP.... By no stretch of imagination she can be said to be suffering from any discrimination on ground of being a woman’’.

The Special Court had dismissed their bail plea despite the CBI not opposing their application. The CBI has maintained that it is not opposed to the bail plea of these four accused including Ms Kanimozhi.

Ms Kanimozhi had sought bail before the Special Court citing a special provision under law (Section 437 of the Code of Criminal Procedure) which allows a relaxation for women. Even before the High Court, she has sought bail under this special provision.

Her petition before the High Court says the Special Court wrongly made a distinction between women belonging to various classes of society even when the provision does not seek to do that. She added that she has a minor son to take care of.

Besides, the apex court had in June granted her the liberty to apply for bail after charges were framed in the case, she said, adding that the CBI also did not apprehend that she will tamper with evidence. Since the investigation is complete, there was no need to keep her in custody, her petition said.

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