DMK MP Ms Kanimozhi told the Special Court that the Prime Minister, Dr Manmohan Singh, could be called in as a witness in the 2G case to prove that there is no loss to the exchequer due to the spectrum allocation during former Telecom Minister Mr A. Raja's tenure.

Ms Kanimozhi's lawyer Mr Sushil Kumar told the court that the then Finance Minister, Mr P. Chidambaram, the present Telecom Minister, Mr Kapil Sibal, and Dr Singh had said that 2G spectrum was not to be auctioned according to the existing policy. “So where is the question of loss,” he asked.

‘Private person'

Mr Kumar said though Ms Kanimozhi is a Rajya Sabha MP, the CBI's charge-sheet refers to her as a private person. The CBI did not get the Rajya Sabha Chairperson's permission to prosecute the sitting MP, he said, adding that the charges against her can be quashed on that ground.

Ms Kanimozhi denied that she was aware of the Rs 200-crore transaction - which the CBI says is the bribe - involving Kalaignar TV as she was only a common shareholder at that time. Meanwhile, the court allowed Mr Raja to highlight some new points in the case.

Though the CBI's case is that the accused - by not conducting auction - caused losses, the Government has said there was no loss due to spectrum allocation during Mr Raja's tenure, Mr Kumar said.

The loss stated by the CBI and the Comptroller and Auditor General was “notional” and cannot be the basis for prosecution, he said, adding that Parliament is yet to adopt the CAG report.

He said when the ‘loss' factor goes out, the charge of cheating also goes.

Related Topics
comment COMMENT NOW