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The Delhi High Court Friday slammed a private firm allegedly involved in the 2G scam for not having complete legal documents related to the dubious transaction of Rs.200 crore as a loan amount to Kalaignar TV which the prosecution has said was a bribe.

Justice Ajit Bharihoke pulled up the defence counsel directors of Kusegaon Fruits and Vegetables, Asif Balwa and Rajiv B. Agarwal — named as co-conspirators in the spectrum allocation scam — for discrepancies in the transaction.

While hearing their bail plea, Justice Bharihoke asked the defence if the amount paid to Kalaignar TV was a loan or was it for a shareholding subscription. The defence counsel replied that it was for shareholding subscription “with view to acquire 27-34 percent stake” in the TV channel.

He said since the things were not finalised “we felt that the company was sitting on our money and we requested them to return it”. He also added that there was an agreement between the two firms that if the TV channel faced losses then they may consider it as a loan and return it with interest.

But the Central Bureau of Investigation (CBI) prosecutor U.U. Lalit opposed the submission, saying that no such clause was made in the agreement as the money was a “bribe amount”.

The court asked the duo to submit their agreement paper. But the documents showed the transaction was between Cineyug Films`and Kalaignar TV. Justice Bharihoke asked how Agarwal had signed the document as he was nowhere shown as a share holder of Cineyug Films.

The court also raised the point that if the money was lent to Kalaignar TV then “where is your signature”. “It is only Kalaignar TV chief Sharad Kumar who has signed the agreement paper.”

“Your conspiracy is been proved as one of the witnesses in the case has clearly stated that Kumar signed the agreement paper and gave to Cineyug Films. Then where is you signature,” said the court.

Meanwhile, the court directed the special CBI court here to supply the original document related to this transaction to Delhi High Court by June 20. The court will also hear the arguments on the bail application of Swan Telecom promoter Shahid Usman Balwa on June 20. June 8, Shahid, Agarwal and Rajiv moved their bail application.

In a related hearing, Justice Bharihoke dismissed the bail pleas of DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar in the case.

“Considering the financial and political clout of the accused Kanimozhi and Kumar, a possibility cannot be ruled out that if they are freed at this stage, they would interfere with the investigation or try to influence the witnesses,” said the court.

Shahid Usman Balwa, Agarwal and Asif Balwa are lodged in Tihar Jail. Their bail applications were rejected May 24 by a special CBI court here. Shahid Usman Balwa is accused of conspiring with former communications minister Andimuthu Raja and other officials for securing to get a second generation telecom licence.

Agarwal and Asif Balwa have been charged by the CBI of facilitating transfer of Rs.200 crore to Kalaignar TV, in which Kanimozhi and Sharad Kumar have 20 percent stake each, in lieu of grant of licence to Swan Telecom. Kanimozhi and Sharad Kumar are accused of accepting the illegal gratification.


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