| Policy & Regulation | | | 2G scam: Hearing adjourned, Kanimozhi’s fate to be decided today | | | TT Correspondent | | 07 May 2011 | | |   The Delhi court has adjourned the hearing on bail pleas of DMK MP Ms Kanimozhi and others in the 2G case.
Ms Kanimozhi appeared before a special court, responding to summons for her alleged involvement in the 2G spectrum scam and sought bail on grounds of being a woman.
43-year-old Ms Kanimozhi appeared along with Kalaignar TV Managing Director Mr Sharad Kumar, another accused in the case.
The third accused, Cineyug Films Director Karim Morani, who too had been summoned, however, sought exemption from appearance on medical grounds.
Ms Kanimozhi was accompanied to court by several party leaders, including DMK MP Mr T R Baalu.
Soon after the court proceedings began, senior advocate and former Union Law Minister Mr Ram Jethmalani filed a bail plea on her behalf contending that she “has no role, whatsoever, in the scam.”
He contended that apart from having a 20 per cent stake in Kalaignar TV, she does not have any role in running its day-to-day affairs.
She is neither a board member nor had attended any board meeting of the channel, said Mr Jethmalani, adding that being a woman she deserves to be granted bail.
As Mr Jethmalani argued for her, Ms Kanimozhi looked calm and composed. The argument on her bail plea, besides proceedings relating to other accused, who appeared in the court were continuing.
Dealing with the CBI’s allegations, Mr Jethmalani said, “Even if we assume that A Raja (former Telecom Minister) got transferred the bribe money from Dynamix group to Kalaignar TV, no guilt is proved against me as I did not sign any of the documents on behalf of the recipient TV channel.
“Let us also assume that at his (Raja’s) instance Rs 200 crore was routed to the TV channel. What is the offence committed by me? I am only a shareholder in the company,” he asserted.
In an apparent bid to shift the blame to co-accused Mr Sharad Kumar, he said it was he (Kumar) who took all the decisions on behalf of the TV channel.
He, however, clarified that his contentions were without prejudice to the rights of other co-accused. “It is almost impossible to obtain a conviction of mine in this case,” he said.
Mr Jethmalani further said, “My misfortune is that I am Karunanidhi’s daughter and an MP. I have 20 per cent shares in Kalaignar TV. Show me one overt act of mine which relates to the offence.”
Citing various judgements of the Supreme Court and those of various US courts, Jethmalani said an overt act committed by the company cannot be attributed to a person who is its mere shareholder and did not take part in any of its decision—making processes, indicating his complicity in the case.
“I am an MP and a law abiding citizen. Moreover, being a woman I be released on bail on furnishing of bond,” he pleaded.
Mr Jethmalani said, “I do not suggest that everybody is innocent in this case but so far as I am concerned I was not handling the day-to-day affairs of the company which had been in the chargesheet.”
“I am just a shareholder and not a director who had signed any document during the alleged transfer of money,” said Mr Jethmalani.
“It is not the case of anybody that the TV channel came into being to get the 2G licences or to sell the same,” Mr Jethmalani said.
The court is now hearing the bail application of Mr Sharad Kumar, MD and CEO of the Kalaignar TV |
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