2G: Court reserves order on Kanimozhi's bail plea for Nov 3

Arun S New Delhi | Updated on March 12, 2018 Published on October 24, 2011

Ms Kanimozhi, MP (file photo)   -  PTI

A Special Court on Monday fixed November 3 as the date for pronouncing its order on the bail applications of DMK MP Ms Kanimozhi and four other accused in the 2G spectrum case.

This was after the CBI did not raise any objections regarding bail being granted to them. The court then reserved its order on the bail plea for November 3.

The four other accused include Mr Sharad Kumar (Director and promoter of Kalaignar TV), Mr Rajiv B Agarwal and Mr Asif Balwa (directors of Kusegaon Fruits and Vegetables Pvt Ltd) and Mr Karim Morani (director of Cineyug Media and Entertainment Pvt Ltd). These five were named accused in the supplementary chargesheet filed by the CBI on April 25 before the Special Court.

The court had on Saturday framed charges against the 17 accused in the case including Ms Kanimozhi and former Telecom Minister Mr A Raja.

During the proceedings, the special public prosecutor Mr U U Lalit, representing the CBI, said bail could be granted to these five accused subject to the court's discretion and by imposing conditions including asking them to be present in the court as and when required during the hearing of the case.

Opposes bail plea of Shahid Balwa, Chandolia

However, the CBI counsel opposed the bail application of two other accused – Mr Shahid Balwa (promoter of Swan Telecom) and Mr R K Chandolia (former personal secretary to Mr Raja) -- saying 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 they are found guilty.

These specific charges are apart from the "umbrella" charges (against all the accused) of criminal conspiracy as well as criminal breach of trust (which has a maximum punishment of life imprisonment). On the other hand, the specific charges framed against the other five accused including Ms Kanimozhi would lead to a maximum punishment of five years' imprisonment. Therefore, one can make such a distinction, the CBI counsel said.

Mr Shahid Balwa and Mr Chandolia were named accused in the main chargesheet filed on April 2.

During the hearing earlier in the day, citing a June order of the Supreme Court, Ms Kanimozhi's counsel Mr Altaf Ahmed told the court that according to that order, Ms Kanimozhi and Mr Sharad Kumar was at liberty to move their bail application before the Special Court after the order on framing of charges.

Mr Ahmed also said Ms Kanimozhi, being a woman, could be enlarged on bail and referred to a special provision under law (Section 437 of the Code of Criminal Procedure) in this regard. He also said the court could impose any condition as it deems fit on Ms Kanimozhi including asking her to be present during the proceedings whenever required.

Besides, he indicated that the trial could take a long time as there are 17 accused, 154 witnesses and documents of over a lakh pages. Ms Kanimozhi was arrested on May 20 and has since been lodged in Tihar jail.

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Published on October 24, 2011
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