Sunday, May 8, 2011

Kanimozhi's plea rejected


DMK MP Kanimozhi leaves the Patiala court complex on Saturday after a CBI special court hearing.A CBI special court on Saturday dismissed an application moved by the 2G spectrum scam accused, Rajya Sabha member Kanimozhi and Kalaignar TV managing director Sharad Kumar, seeking exemption from personal appearance in court on May 9 and 10, citing “preparations” needed for the Enforcement Directorate summons issued to them.

Mr. Kumar and Ms. Kanimozhi told Special Judge O.P. Saini that they had been summoned by the ED, which is probing money laundering aspects of the 2G scam, to appear before it on May 12 and 13 respectively. They had to sit with their auditors in Chennai on May 9 and 10 to make preparations and identify the documents the ED had directed them to submit, said counsel Shanmugasundaram. However, the CBI's senior public prosecutor, A.K. Singh, raised objections, stating their bail applications were pending before the court and, if necessary, only one of the two applicants could be given exemption, an offer declined by their counsel.

The information the ED has sought from Ms. Kanimozhi and Mr. Kumar includes details of bank accounts in their and their family members' names; names of companies in which they or their family members have a financial interest or possess shares or are directors, partners or proprietors; and details of movable and immovable property held or acquired or disposed of by them or their family members since January 1, 2007.

Other information, sought for the period after January 1, 2007, pertains to details of remittances sent outside the country, remittances received from abroad, details of foreign visits, and copies of Income Tax returns filed by them and their family members.

‘Special status' for women won't apply in 2G case: CBI


Special Public Prosecutor U.U. Lalit on Saturday opposed as “completely misconceived and untenable” the move by the 2G scam case accused, Rajya Sabha member Kanimozhi and Kalaignar TV managing director Sharad Kumar, under Section 88 of the Criminal Procedure Code wherein they offered to execute bail bonds to ensure their presence in court, instead of their moving regular bail applications.
Mr. Lalit also rejected in the CBI special court here counsel Ram Jethmalani's plea to enlarge Ms. Kanimozhi on bail, in consideration of her being a woman, under Section 437(1)(iii) of the Cr. PC. The “special status” provided under the Section for women did not apply to this case and “no case for bail has been made out.”
Corporate criminal liability
On the concept of corporate criminal liability Mr. Jethmalani laid out, asking the CBI to prove that Ms. Kanimozhi “represented the directing will and mind of the company and controlled what the company did,” Mr. Lalit, CBI counsel, termed the argument “completely inapplicable.” For, Kalaignar TV as a corporate entity had not been named an accused.
“Shell companies”
Responding to the bail applications moved by Asif Balwa and Rajiv Aggarwal, Mr. Lalit alleged that Dynamix Realty, Kusegaon Fruits and Vegetables and Cineyug Films were “shell companies” of the DB Group and were involved in the Rs. 200-crore transaction only to “create a smokescreen.”
He also dismissed the defence claim that Rs.200 crore was an unsecured loan to Kalaignar TV, which had only a turnover of nearly Rs.47 crore.
“I am yet to see any person lending four times the turnover, without demanding any collateral … On the face of it, these transactions are nothing but the spoils of crime getting transferred to Kalaignar TV as bribe money.”
Order on the regular bail applications moved by Mr. Balwa and Mr. Aggarwal has been reserved for May 10.

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