The wait for getting bail has got longer for DMK MP Ms Kanimozhi and five other accused in the 2G spectrum case. As arguments in the matter remained inconclusive, the Delhi High Court on Friday posted it for further hearing on Monday.

During the hearing, the High Court observed that the Supreme Court order granting bail to five corporate executives was “silent” on the charge of criminal breach of trust (Section 409 of the Indian Penal Code) that has been framed by the Special Court against all the 17 accused in the case. Those found guilty under this charge can get a maximum punishment of life imprisonment.

Justice Mr V K Shali noted that though the apex court was not ignorant of the charge of criminal breach of trust, it was ‘silent’ on it.

The apex court had said that it was “conscious of the fact that the offences alleged, if proved, may jeopardise the economy of the country.” But it added that, “We do not see any good reason to detain the accused in custody, that too, after the completion of the investigation and filing of the charge-sheet.”

The counsel for Ms Kanimozhi, Mr Altaf Ahmed, said the apex court was aware of the charge under Section 409 of the IPC. He referred to the apex court order stating that 'bail is the rule and committal to jail an exception' and that 'every man is deemed to be innocent until duly tried and duly found guilty.'

Ms Kanimozhi's lawyer also denied that she will tamper with the evidence if enlarged on bail, adding that they wanted to prove that the same transaction which the CBI claims is the one relating to bribe amount, is actually a bonafide loan transaction between the companies involved.

Additional Solicitor General Mr Mohan Parasaran, representing the CBI, opposed former Telecom Secretary, Mr Siddharth Behura’s bail application, but did not explicitly oppose the bail plea of others. He said the CBI’s arguments were over-ruled by the Supreme Court in its order on the bail plea of the corporate executives.

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

The High Court had on Thursday advanced the hearing on the bail applications of Ms Kanimozhi and five others to Friday from the earlier fixed date of December 1.

Enthused by the apex court order on Wednesday granting bail to five corporate executives accused in the case, Ms Kanimozhi and five others accused had sought an early hearing of their bail plea in the High Court.

The five others accused who have filed their bail plea in the High Court include Kalaignar TV Managing Director, Mr Sharad Kumar, Director of Cineyug Media and Entertainment Pvt Ltd, Mr Karim Morani, Directors of Kusegaon Fruits and Vegetables, Mr Asif Balwa and Mr Rajiv Agarwal, and Mr Behura.

The counsel for Ms Kanimozhi also referred to the distinction made by the CBI during the bail plea hearing of Ms Kanimozhi and four others accused in the Special Court. The CBI had said the specific charges against these five accused would lead to a maximum of only five years' imprisonment, if they are found guilty.

On the other hand, the CBI had opposed the bail application of two other accused — Mr Shahid Balwa (promoter, Swan Telecom) and Mr R.K. Chandolia (personal secretary to the then Telecom Minister, Mr Raja) – by making a distinction to say that if one takes into account only the specific charges framed against these two, they could lead to a maximum punishment of seven years, if found guilty.

Also, Ms Kanimozhi and the four others accused are named as accused only in the supplementary chargesheet, while Mr Shahid, Mr Chandolia and the five corporate executives granted bail by the apex court are named in the main chargesheet.

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