Kanimozhi: ED chargesheet on sketchy material

KanimozhiDMK MP Kanimozhi today argued in a Delhi court that there was no “iota of evidence” against her regarding the alleged “parking” of Rs 200 crore in Kalaignar TV and Enforcement Directorate (ED) has chargesheeted her only on the basis of “sketchy material”.

Arguing on framing of charges and on the bail plea moved by Kanimozhi, senior advocate Rebecca John, who appeared for her, contended the DMK MP was not linked in any manner with the alleged transaction of Rs 200 crore from DB group company to DMK-run Kalaignar TV.

“On these very very sketchy material, ED has now turned this into a grand allegation against her as if she had done some extraordinary thing….Not an iota of evidence is there which will even prima facie show that Kanimozhi had anything to do with the parking of Rs 200 crore in KTV,” John told Special CBI Judge O P Saini.

ED had filed a charge sheet against 19 accused, including Kanimozhi and former Telecom Minister A Raja, claiming that the transaction of Rs 200 crore, which was allegedly paid to Kalaignar TV, was “not genuine” and it was a “bribe for grant of telecom licences to DB Group companies”.

During the arguments, John said Kanimozhi has been made an accused in the case merely because she used to regularly visit Raja’s office and was a promoter director of Kalaignar TV for just 13 days.

“Kanimozhi has resigned from the post of promoter director of Kalaignar TV after she was elected to Rajya Sabha. The decisions taken in board meetings of the company during her stint as promoter director were purely concerning the company and does not prove any illegality,” she contended.

John further argued that post resignation, she was just a minority shareholder of the company and had no say in company matters.

“Kanimozhi never visited the company after she resigned from her post….The allegation by prosecution that she was active brain behind the operations of Kalaignar TV is totally baseless. No criminality is made out if Kanimozhi and Raja meet each other being MPs from DMK party,” she contended while seeking bail for her client.

(Source: PTI)



Kanimozhi had no role in 2G case: witness

In a CBI court a prosecution witness told that DMK MP Kanimozhi, accused in the 2G spectrum allocation scam case, had “no role at all” in the Rs 200 crore transactions between Kalaignar TV (P) Ltd and Cineyug Films (P) Ltd.

CBI witness G Rajendran, general manager (finance) of Kalaignar TV, told special CBI judge OP Saini that the DMK MP had no role in the investment matters between Kalaignar TV and Cineyug Films, whose director Karim Morani is also facing trial in the case.

On being cross-examined by senior advocate Sushil Kumar, who appeared for Kalaignar TV MD Sharad Kumar, Rajendran said DMK chief Karunanidhi’s wife Dayalu Ammal was fully aware of the decision to raise Rs 200 crore from Cineyug Films and Sharad had “not acted independently on his own” as all his actions were authorized and approved by Dayalu Ammal. He also told the court that Rs 200 crore transaction between the two companies was “genuine” and no “sham document” was executed in this regard.

Rajendran told the court that Kalaignar TV had applied for the requisite licence from the ministry of information and broadcasting more than a month after Kanimozhi’s resignation from directorship of the channel on June 20, 2007. “It is correct that application for licence to ministry of I&B was made for the first time on July 30, 2007, more than a month after resignation of Kanimozhi Karunanidhi,” he said.

Rajendran told the court that Kalaignar TV received Rs 200 crore from Cineyug Films and the money was received through banking channels in different tranches. He also said that on receipt of Rs 200 crore, all the money was put into the business of Kalaignar TV.

“Starting with the month of December 2010, the money was returned along with interest to Cineyug Films in different tranches. The money was returned as Cineyug Films insisted on its return. Cineyug Films asked for the return of the money, as it had approached Kalaignar TV for equity participation and that did not happen,” Rajendran said, adding that the money started to come from Cineyug Films in December 2008 and continued till August 2009.

The statement assumes significance as it contradicts the CBI theory according to which Kanimozhi was taking interest in the day-to-day affairs of the TV channel in which she owned 20% shares.

The agency had chargesheeted Kanimozhi alleging that Rs 200 crore “illegal gratification” was routed from Dynamix Realty to Kalaignar TV through Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films.

According to the CBI, Dayalu Ammal, his daughter Kanimozhi and co-accused Sharad Kumar have 60%, 20% and 20% shares of the TV channel respectively.

Kanimozhi, along with others, including former telecom minister A Raja, is facing trial in the case for various offences punishable under the IPC and under the Prevention of Corruption Act.

Court slams 2G co-accused for not producing legal documents

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.