2G scam: Kanimozhi and Sharad Kumar move court for bail

DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar, named as co-conspirators in the 2G spectrum scam, Friday filed a fresh bail plea before a special CBI court here after being denied bail earlier.

 The Central Bureau of Investigation (CBI) special Judge O.P. Saini had sent Kanimozhi and Sharad Kumar to Tihar Jail after dismissing their bail applications May 20.

 They had subsequently approached the Delhi High Court which June 8 dismissed their bail applications.

 The duo later filed a special leave petition before the Supreme court, which was dismissed with a common order June 20. But the two were given liberty to file fresh bail applications under section 439 of the Code of Criminal Procedure before the special court after framing of charges.

 The apex court had stated that the trial court hearing the case will decide on their fresh bail applications after framing of charges, without being influenced by rejection of the earlier applications.

 

The duo approached the special CBI court of Judge O.P. Saini Friday with fresh bail applications citing this Supreme Court order. The special court will hear the bail plea Oct 1.

The bail application contended that the case against the petitioners was “based on no evidence” and was “hence false and baseless”. “The petitioners are innocent and… implicated in the present case due to biased media reporting and on the basis of conjectures and surmises,” it said.

 Kanimozhi and Sharad Kumar are represented by lawyers V.G. Pragasam, S.J. Aristotle and Sudarshan Rajan.

 The 2G spectrum scam relates to irregularities in the allocation of airwaves to telecom companies that caused huge losses to the exchequer.

Key points of order denying bail to Kanimozhi, Sharad Kumar

The Delhi High Court Wednesday rejected the bail pleas of DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar in 2G spectrum case citing prima facie evidence and high political connection. Here are the key points of the court’s order:

* Kalaignar TV Pvt. Ltd. is a closely owned company, in which the two are shareholders.

* Twenty percent stake each is held by DMK MP Kanimozhi and Kalaignar Tv chief Sharad Kumar and balance 60 percent stake in the company is held by Dayalu Ammal, step-mother of the petitioner Kanimozhi.

* Kanimozhi and co-accused former communication minister Andimuthu Raja are important functionaries of same political party.

* Co-accused Raja took over charge as minister for communications and information technology in May 2007 and the petitioners parted ways with Sun TV network in June 2007 and promoted their own company Kalaignar TV Pvt. Ltd.

* Petitioner Kanimozhi belongs to the same political party to which accused Raja belongs, and the said party is sharing power in the central government.

* Raja had close associations with the petitioners (Kanimozhi and Sharad Kumar) and he helped their company to get registration with information and technology department and also to get included in the bouquet of Sky TV.

* Swan Telecom Pvt. Ltd., which is owned by DB Realty Group of Companies, offloaded its equity to Etisalat Mauritius Ltd. and Genex Exim Ventures Pvt. Ltd. and in consideration received Rs.3,228 crore and Rs.380 crore respectively on Dec 17, 2010.

* The transfer of the money from DB Realty Group through its group companies Dynamix Realty, Eversmile Construction Company Pvt. Ltd. and Conwood Construction Developers Pvt. Ltd. started with effect from Dec 23, 2008, and it continued till August 2009.

* The bribe money of Rs.200 crore was transferred to Kalaignar TV Pvt. Ltd. in instalments through a circuitous route i.e. via Kusegaon Fruits and Vegetables Pvt. Ltd. and Cineyug Films Pvt. Ltd.

* Once the scam came to the light and first information report (FIR) was registered, the reverse trail of money started via same route of companies.

* The reverse money trail started only after co-accused Raja was contacted by the CBI for his examination scheduled Dec 24, 2010.

* Even in this reverse money trail, the dates of transfer of money from one company to other and to the other are either the same or in very close proximity.

* The investigation revealed that no contemporaneous documents pertaining to the transfer of money were prepared at the time of transfer of money from DB Realty Group Companies to Kusegaon Fruits and Vegetables Pvt. Ltd., and from Kusegaon Fruits and Vegetables Pvt. Ltd. to Cineyug Films Pvt. Ltd., and from Cineyug Films Pvt. Ltd. to Kalaignar TV Pvt. Ltd.

* It is submitted by learned special public prosecutor that during investigation photocopies of shares subscription and shareholders agreement and agreement to pledge between Cineyug Films Pvt. Ltd. and Kalaignar T.V. Pvt. Ltd. were produced by the accused persons but they have deliberately not produced the original agreements because the date of purchase of stamp papers used would have revealed that these agreements have been subsequently prepared to create evidence in defence.

* Above facts and circumstances, prima facie, show the complicity of the petitioners in the conspiracy and their having received illegal gratification of Rs.200 crore in the account of the company controlled by them, namely Kalaignar T.V. Pvt. Ltd.

* The proximity of dates on which the money got transferred via circuitous route involving DB Realty Group Companies, Kusegaon Fruits and Vegetables Pvt. Ltd. and Cineyug Films Pvt. Ltd. as also the reverse trail of money, prima facie, cannot be a coincidence and this gives rise to a prima facie involvement that aforesaid methodology was adopted by the petitioners and their co-accused persons with a view to conceal the trail of money from DB Realty Group which owns Swan Telecom Pvt. Ltd. and Unitech Group of Companies in the matter of grant of UAS Licences and spectrum have caused a loss of about Rs.30,000 crore to the state exchequer.

* The petitioners are in control of Kalaignar T.V. Pvt. Ltd., as such they are in position of power to influence the witnesses, particularly the employees of their company.

* Thus, considering the financial and political clout of the petitioners, a possibility cannot be ruled out that if the petitioners are freed at this stage, they would interfere with the investigation or try to influence the witnesses.

Kanimozhi, Sharad Kumar’s bail plea rejected

Citing prima facie evidence, the Delhi High Court Wednesday rejected the bail pleas of DMK MP Kanimozhi and Kalaignar TV managing director Sharad Kumar, who are in jail in connection with the 2G spectrum scam.

The single judge bench of Justice Ajit Bharihoke said: “The petitioners are involved in corruption and gratification of Rs.200 crore to their Kalaignar TV. Therefore their bail is dismissed.”

The court added: “There is sufficient prima facie evidence on record, therefore they can’t be granted bail.”

Kanimozhi’s mother Rajathi Ammal and DMK MP T.R. Baalu were present in court. When the judge pronounced the order, Rajathi Ammal’s eyes turned teary.

Kanimozhi, daughter of DMK chief M. Karunanidhi, and Kumar have been in the Tihar Jail since May 20 when a special Central Bureau of Investigation court dismissed their bail pleas.

Kanimozhi, Sharad Kumar move high court for bail

DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar, currently in Tihar jail in connection with the 2G spectrum scam, Monday moved the Delhi High Court for bail.

Kumar and Kanimozhi’s lawyer Aristotle said: ‘I have just filed the bail application for Kanimozhi and Sharad Kumar before the Delhi High Court.’

The two were taken into judicial custody and sent to Tihar May 20 after a special Central Bureau of Investigation (CBI) court here rejected Kanimozhi and Kumar’s bail plea citing ‘the magnitude of the crime’.

CBI had named Kanimozhi, daughter of DMK chief M. Karunanidhi, and Sharad Kumar as co-onspirators in its April 25 supplementary chargesheet after it traced an illegal money trail of Rs.214 crore in the scam.

Co-accused and currently in Tihar jail are former communications minister A. Raja, his aide R.K. Chandolia, former telecom secretary Siddharth Behura, Swan Telecom promoter Shahid Balwa, Vinod Goenka of Swan Telecom and Sanjay Chandra of Unitech, two officials of ADAG, Gautam Doshi and Hari Nair. A third ADAG official Surendra Pipara has also been named and is undergoing treatment for a heart problem in hospital.

Earlier in the day, a special CBI court dismissed the bail application of co-accused, Cineyug film’s Karim Morani, asking him to appear before the court Tuesday.

2G scam: Five corporate honchos’ bail verdict Monday

The Delhi High Court will, on Monday, pronounce its verdict on the bail plea of five senior corporate executives accused in the second generation (2G) spectrum case.

The five accused are Vinod Goenka of Swan Telecom, Sanjay Chandra of Unitech and three officials of the Anil Dhirubhai Ambani Group — Gautam Doshi, Hari Nair and Surendra Pipara. Except Pipara, who is in hospital, all the others are in Delhi’s Tihar jail .

Justice Ajit Bharihoke will deliver his judgment post lunch Monday. He had reserved their bail pleas May 9, after hearing the arguments of the accused and the Central Bureau of Investigation (CBI).

The 2G scam relates to alleged irregularities in the allocation of 2G spectrum to telecom companies that caused huge losses to the national exchequer.

“Charges against Doshi in the second generation telecom spectrum case are baseless and denial of bail goes against his personal liberty,” his counsel Soli Sorabjee, former attorney general and solicitor general of India, told the court.

Chandra was defended by senior lawyers Ram Jethmalani and K.T.S. Tulsi.

Mukul Rohtagi argued for Goenka, Nair was represented by Rajiv Nayar and Pipara’s bail plea was argued by Neeraj Kishan Kaul.

During the course of arguments, Special Public Prosecutor U.U. Lalit said: “The corporates and the accused were direct beneficiaries of the entire spectrum deal and they were involved in a conspiracy along with (former communications minister) A. Raja to obtain benefit from the grant of spectrum licences”.

He said the corporates were part of a conspiracy where huge amount of money was involved and they had also forged some documents to obtain spectrum licences.

The case reached the high court April 20, after a trial court rejected their bail applications, terming their pleas as “meritless” in the face of “serious allegations” and “incriminating evidence” in a chargesheet filed by the CBI.

The accused had then filed pleas for interim bail for one week so that they could move the high court against the trial court order, but that plea was also rejected.

The five corporate executives, named in the CBI chargesheet, were not arrested during the probe. But they were taken into custody April 20 after the trial court rejected their bail pleas.

Earlier, opposing their bail pleas, the CBI said some of the key witnesses belonging to the corporate world worked directly under the five accused and the possibility of their influencing the witnesses could not be ruled out.The first chargesheet April 2 had named, besides Raja, former telecom secretary Siddharth Behura , Swan Telecom promoter Shahid Usman Balwa, Raja’s aide R.K. Chandolia, Goenka, Chandra, Doshi, Nair and Pipara.In its April 25 supplementary chargesheet, the CBI named DMK chief M. Karunanidhi’s daughter Kanimozhi, and Kalaignar TV managing director Sharad Kumar as co-conspirators after it traced an illegal money trail of Rs.214 crore in the scam.Both were arrested May 20 and sent to Tihar jail.

The supplementary chargesheet also named Cineyug Film’s Karim Morani as well as Asif Balwa and Rajiv B. Aggarwal of Kusegaon Realty.

Pipara was admitted to the All India Institute of Medical Sciences ( AIIMS )) May 4 after he fainted in the courtroom. Except him and Morani, who has been granted exemption from personal appearance in court due to ill-health, all those chargesheeted by the CBI are lodged in the Tihar Jail.CBI prosecutor A.K. Singh said the third supplementary chargesheet will be filed in the first week of July.

No bail for Kanimozhi, Sharad Kumar

DMK MP Kanimozhi and Kalaignar TV Managing Director Sharad Kumar were Friday headed to jail after a special Central Bureau of Investigation court rejected their bail pleas.

The two were named co-conspirators in the 2G spectrum scam

2G case: Court allows exemption plea of Karim Morani

A special Central Bureau of Investigation (CBI) court Tuesday allowed Cineyug Film’s Karim Morani, accused in the 2G spectrum case, exemption from personal appearance in court.

Judge O.P. Saini said: ‘Accused Morani’s exemption plea from personal appearance is allowed. However, he will have to appear before the court on May 12.’

On May 6, Morani had got exemption as he was admitted to Mumbai’s Lilavati Hospital.

The defence counsel for Morani submitted that his client was still in hospital so he might not be able to appear before the court.

A similar application by DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar for exemption from personal appearance in the court was rejected by a special court May 7.

The first chargesheet filed April 2 named former communications minister A. Raja, former telecom secreatry Siddharth Behura, Raja’s private Secretary R.K. Chandolia, Swan Telecom promoter Shahid Usman Balwa, director of Mumbai-based DB Realty Vinod Goenka, managing director of Unitech Sanjay Chandra and three senior officials of the Anil Ambani group for conspiring to sell spectrum waves at rock bottom prices.

The CBI filed the second chargesheet April 25. It named DMK MP Kanimozhi, Swan Telecom promoter Shahid Balwa, Sharad Kumar, Karim Morani and Kusegaon Realty director Rajiv Aggarwal.