Arguing for bail, her counsel says Raja was mastermind in fund transfer.
In an interesting development, the DMK leadership appears to have decided to cut its line to ex-telecom minister A Raja in the spectrum scam.
It had issued a strong statement of support for him after his arrest by the Central Bureau of Investigation, with party supremo and Tamil Nadu chief minister M Karunanidhi telling journalists Raja had clearly done no wrong.
However, on Friday, during the bail hearing for Kanimozhi, party MP and daughter of Karunanidhi, her counsel argued that Raja was responsible for the fund transfer detailed by the CBI as evidence of illegalities in return for favours received.
The argument was made in her presence and that of other senior party MPs.
Kanimozhi was named a co-conspirator in a Rs 200-crore channeling of money to Kalaignar TV, the party’s mouthpiece, allegedly from telecom companies which had been favoured by Raja’s ministry.
On Friday, her veteran counsel, Ram Jethmalani, told the court trying the case that the Rs 200-crore transfer was masterminded by Raja and Shahid Balwa, former head of DB Realty (both men are in judicial custody). He said Kanimozhi had only a minority stake, of just 20 per cent, in Kalaignar TV and had also resigned from the post of director before the transaction had taken place.
This is the first time that such specific distancing of Kanimozhi from the chain of events under the scanner is being offered. “She is a woman, a mother and a member of Parliament with good conduct, which is why the court should grant her bail,” Jethmalani said.
Kanimozhi was accompanied by her husband and fellow DMK MPs, including T R Baalu, T K S Elangovan, A K S Vijayan and S Ganapathy, among others. She appeared calm and sat through the six-hour hearing.
CBI prosecutor U U Lalit is to contest the bail application tomorrow. After which, Jethmalani is expected to present a rejoinder.
Kanimozhi and Sharad Kumar, the managing director of Kalaignar TV, hold 20 per cent stake each in the company. Both have been charged with criminal conspiracy in the scam, that resulted in a significant loss to the national exchequer. The Comptroller and Auditor General pegged the figure at Rs 1.76 lakh crore in a report last year.
Kanimozhi has been charged under sections 7 and 11 of the Prevention of Corruption Act. The sections deal with acceptance of illegal gratification.
Karim Morani of Cineyug, another accused for facilitating the transfer of the alleged bribe money to Kalaignar TV, could not be present in the court on medical grounds. His case will be presented on Wednesday.
Besides, CBI has moved a petition against the bail plea of Asif Balwa and Rajiv Agarwal of Kusegaon Fruits & Vegetables. The two accused, according to CBI, are “family members or relatives of Shahid Balwa and Vinod Goenka, highly influential persons and there is every likelihood of tampering of the records and winning over and threatening vital witnesses of the case”.
CBI also says it is likely Asif Balwa and Rajiv Agarwal may flee to avoid the trial.
In its supplementary chargesheet, CBI had said: “Investigations have revealed that in furtherance of the conspiracy, Dynamix Realty, a partnership firm of DB Realty Ltd and other DB group companies, paid Rs 200 crore to Kalaignar TV Pvt Ltd during December 2008 to August 2009, following a circuitous route through Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd (the DB group holds 49 per cent equity in it).”
