Justice M.L. Mehta asked the CBI to file its response by May 10.
DMK MP Kanimozhi March 23 had moved the high court seeking quashing of charges. Her petition said: “Set aside/quash the charges and also quash the chargesheet filed by the CBI and all the proceedings emanating thereunder.”
Kanimozhi, the daughter of DMK chief and former Tamil Nadu chief minister M. Karunanidhi, was along with former telecom minister A. Raja, charged with criminal conspiracy, criminal breach of trust, forgery, accepting a bribe and abetting bribery.
Senior lawyer Ram Jethmalani appearing for Kanimozhi said she had been falsely implicated in the matter and there was no evidence of record that could justify the charges against her.
“The impugned order framing charges against the petitioner is based on a completely wrong and misplaced understanding of the law of conspiracy,” the petition filed by the accused said.
“There is not even an allegation that a single penny of the alleged bribe money has gone towards the personal account of the petitioner or has in any manner benefited her on a personal level,” her petition said.
On Kanimozhi, the court had found evidence that the Rs.200 crore received by DMK mouthpiece Kalaignar TV was a bribe from the Shahid Balwa-owned DB Realty in return for a 2G licence.
She claimed: “As per the CBI the alleged bribe money has been paid to Kalaignar TV between December 2008 and August 2009. During this phase, the status of the petitioner was only that of a shareholder of 20 percent equity of the company and nothing more.”
The petition further submitted that Kanimozhi has not taken part in any of the board meetings wherein decisions with respect to the alleged transaction were taken. Neither has she signed any of the agreements or documents pertaining to the same.
“The special judge has committed a grave error in law in framing a charge of 120B/420 IPC against the petitioner, as firstly, the decision not to auction 2G spectrum is based upon the TRAI recommendations dated Aug 28, 2007. And secondly, there is no evidence on record that the petitioner had anything to do with the same,” the petition stated.
Kanimozhi is accused of being the “active brain” behind Kalaignar TV and having been in “regular touch” with Raja.
The high court had Nov 28 last year granted bail to Kanimozhi who was named in the supplementary charge sheet filed April 25 as co-accused along with others.