1. 2G case: Apex court dismisses Kanimozhi plea to quash charges

2G case: Apex court dismisses Kanimozhi plea to quash charges

In a major setback to Dravida Munnetra Kazhagam (DMK) MP Kanimozhi, the Supreme Court on Tuesday dismissed her plea to quash charges framed against her in a 2G spectrum scam case.

By: | New Delhi | Published: November 4, 2015 12:31 AM

In a major setback to Dravida Munnetra Kazhagam (DMK) MP Kanimozhi, the Supreme Court on Tuesday dismissed her plea to quash charges framed against her in a 2G spectrum scam case. It also dismissed a similar plea by another accused, Swan Telecom promoter Shahid Usman Balwa.

A bench headed by Chief Justice H L Dattu, while rejecting the appeal, said: “Now the trial is almost over. 2G special public prosecutor Anand Grover submits that evidence is over. Final arguments are coming to an end… At this belated stage, we are not going to entertain the petitions. It would not be proper to deal with these.”

Meanwhile, the bench modified its February 10 and April 11, 2011 orders and allowed the accused to move the Delhi High Court against the final orders passed by the special CBI court in the 2G spectrum (Central Bureau of Investigation) scam case. However, it clarified that “the HC shall not entertain any petition that may be filed against any interim order that may be passed by the special CBI judge”.

Senior advocate Amarendra Sharan, appearing for Kanimozhi, said the petition had been kept pending by the Supreme Court for over two-and-a-half years for no fault of his client.

He submitted that there is not an “iota of doubt” against Kanimozhi and criminal charges can be framed against a person only if there is grave suspicion verging on certainty against her.

The special court, on October 22, 2011, had framed charges against former telecom minister A Raja, Kanimozhi and 15 others, including top corporate honchos, in the case.

Kanimozhi was charged under Section 120-B (conspiracy), read with 420 (cheating), 409 (criminal breach of trust), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document) 193 (punishment for false evidence) of the Indian Penal Code and other provisions of the Prevention of Corruption Act.

The DMK MP had moved the apex court on July 24, 2012 for the quashing of charges framed against her by the special court holding trial in 2G scam cases and also the chargesheet by the CBI.

The 2G special court had framed the charges October 22, 2011.

She had contended that she was one of the directors of Kalaignar TV for only a short period of two weeks —from June 6, 2007 to June 20, 2007 — and had nothing to do with the channel’s financial transactions. According to her, the allegations made against her pertained to the financial transactions made between December 2008 and August 2009 — after more than 18 months of her resignation.

She had contended that being a 20% minority shareholder in Kalaignar TV, she could not be saddled with criminal liabilities of the acts and omission of the company.

However, the CBI had said that Kanimozhi was an active brain behind the operation of Kalaignar TV and was in constant touch with Raja for the launching of the channel.

The CBI had chargesheeted Kanimozhi alleging that Rs 200 crore “illegal gratification” was routed from Dynamix Realty to Kalaignar TV through Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.

According to the CBI, Karunanidhi’s wife Dayalu Ammal, his daughter Kanimozhi and co-accused Sharad Kumar, director of Kalaignar TV, have 60%, 20% and 20% shares of the TV channel, respectively.

The maximum punishment, if convicted for criminal breach of trust, is a life term, while the minimum punishment is seven years in prison.

No relief
* In a major setback to DMK MP Kanimozhi, the Supreme Court on Tuesday dismissed her plea to quash charges framed against her in a 2G spectrum scam case
* The court also dismissed a similar plea by another accused, Swan Telecom promoter Shahid Usman Balwa
* The DMK MP had moved the apex court on July 24, 2012 for the quashing of charges framed against her by the special court holding trial in 2G scam cases and also the chargesheet by the CBI. The 2G special court had framed the charges October 22, 2011
* Meanwhile, the bench modified its February 10 and April 11, 2011 orders and allowed the accused to move the Delhi High Court against the final orders passed by the special CBI court in the 2G spectrum scam case

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