Leaving even the defence counsel surprised, the CBI on Monday opted for a limited reading of the order on charges in the 2G spectrum allocation case while telling the special court that it did not have any opposition to five of the accused — including Rajya Sabha member Kanimozhi Karunanidhi — being granted bail.
The CBI’s move comes despite the special court’s order Saturday last week that charged all 17 accused in the case with conspiracy to commit criminal breach of trust — a non-bailable offence that carries a maximum punishment of life imprisonment.
Following the CBI’s submission that it wouldn’t oppose bail to five of the accused — Kanimozhi, Asif Balwa (director, Kusegaon Fruits and Vegetables), Rajiv Aggarwal (director, Kusegaon Fruits and Vegetables), Karim Morani (director, Cineyug Media & Entertainment) and Sharad Kumar (director, Kalaignar TV) — the court reserved its order on their bail pleas for November 3. The agency’s move itself will not ensure bail however, as it is at the discretion of the court.
New Delhi: All bail applications, including those of DMK leader Kanimozhi and seven others, in the 2G spectrum allocation scam have been dismissed on Thursday by the special CBI court. The court also announced that the trial will begin on November 11.
Judge OP Saini dismissed the bail pleas of all accused in the scam on three accounts. He said the three accounts on which the order is based are that the "crime committed was a deliberate offence, an economic offence and very serious in nature." He added that the accused used public money in careful manner for their personal use.
The judgement reads that the order given has not been influenced by any external factors but solely keeping in mind the facts and circumstances of the case.
It further added that 'a murder may be committed in the heat of moment upon passion being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of consequence to community'.
Reasons given by the court to dismiss bail pleas:
- Non opposition by the CBI has no consequence in the eye of law.
- On the basis of medical papers the illness of Karim Morani is not so high as to categorise his custody as being detrimental of health.
- Kanimozhi belongs to upper echelons of the society and is also a Member of Parliament. By no stretch of imagination she can be said to be suffering from any discrimination on grounds of being a woman alone
- Rights of accused important but rights of victims and witnesses no less valuable
Kanimozhi has been charged for accepting bribes, criminal conspiracy to cheat the exchequer and criminal breach of trust and has been in Tihar Jail since May 2011.
The court was hearing the bail application of Kanimozhi along with Kalaignar TV MD Sharad Kumar, Cineyug Films' founder Karim Morani, and Kusegaon Fruits and Vegetables Chief Executives Asif Balwa and Rajiv Agarwal.
CBI sources had told CNN-IBN that they had a feeling the bail pleas will be rejected and that Judge Saini will leave the judgement to the Supreme Court.
Source - http://ibnlive.in.com/news/2g-case-no-bail-to-kanimozhi-and-other-7-accused/198805-3.html?from=nl
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