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February 26 2020
Court rejects bail to Kanimozhi, 7 others
03 November 2011

The Special CBI court on Thursday dismissed the bail application of DMK member of Parliament Kanimozhi, one of the accused in the 2G case, holding that no concession could be given merely because she is a woman. She has been in jail since May 20.

The court also rejected the bail plea of seven others — Sharad Kumar of Kalaignar TV; Siddarth Behura, R.K. Chandolia, Shahid Usman Balwa, Asif Balwa, Rajeev Aggarwal and Karim Morani (on health grounds).

Special Judge O.P. Saini said: “It has been submitted that being a woman, Ms. Kanimozhi is entitled to the beneficial provision [Section 437 Cr.PC] in law.” He said the reason for incorporating such a provision was that women “are generally considered weak and exploited section of society, both socially and economically, and as such require some extra protection and a sympathetic treatment.”

But, “the accused Ms. Kanimozhi belongs to the upper echelons of society and is also a member of Parliament. By no stretch of imagination can she be said to be suffering from any discrimination on the ground of being a woman alone.” Mr. Saini said “the facts of the case as well as the charges levelled against the accused are of a very serious nature having grave implications for the economy of the country.”

Quoting a Supreme Court judgment in the Sathyam case, he said: “The ultimate objective was to use public money in a carefully planned manner for personal use with no right to do it. The entire community will be aggrieved if economic offenders who ruin the economy of the state are not brought to book.”

It was submitted on behalf of Ms. Kanimozhi that she had nothing to do with the alleged transaction of Rs. 200 crore received by Kalaignar TV and that her association with the organisation was much before the registration of the case. And whatever Mr. Sharad Kumar did, he did so on the authority of the board and that he did not do anything on his own.

On this contention, Mr. Saini said prosecution witnesses had stated that at the February 13, 2009 board meeting, both Ms. Kanimozhi and Mr. Sharad Kumar participated and he was authorised to raise funds from Cineyug Films (P) Ltd. up to Rs. 200 crore.

 

 

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