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SC dismisses a plea by Kanimozhi to quash charges against her in 2G scam

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New Delhi: In a setback to DMK leader Kanimozhi Karunanidhi, the Supreme Court on Tuesday dismissed her plea for quashing of charges against her in an alleged bribe-turned-corporate loan case but allowed them to move the Delhi High Court against the 2G court’s final order.

Besides Kanimozhi, a bench of Chief Justice H.L.Dattu, Justice A.K.Sikri and Justice Rohinton Fali Nariman also rejected a similar plea by Swan Telecom promoter Shahid Usman Balwa.

However, the court, by modifying its earlier order, allowed Kanimozhi, Balwa, and other similarly placed accused in 2G cases to approach the Delhi High Court to appeal against the final order of the special court holding the trial of 2G scam-related cases.

It also made it clear that the high court will not entertain any appeal against any interim order passed by the 2G special court. The court order rejecting Kanimozhi and Balwa’s plea came as it noted that the trial was almost over, saying Special Public Prosecutor Anand Grover has submitted that recording of evidence is over and final arguments are nearing completion.

“At this belated stage, we are not going to entertain the petitions. It would not be proper to deal with them.”

Allowing Kanimozhi, Balwa, and others to approach the Delhi High Court against any adverse order by the special court holding trial of 2G cases, the court has modified its February 14, 2011 and April 10, 2011 orders saying that any appeal against the trial court’s order could only be made before the apex court, thereby barring the high court from entertaining any such matter.

In the course of the hearing, senior counsel Amarendra Sharan told the court that there was not even an iota of evidence against his client and she was not even the director of the Kalaignar TV when the alleged transaction took place. But the court said: “All this has to be proved by the prosecution and if they are not able to prove, you are successful.”

Assailing the Central Bureau of Investigation (CBI) charge sheet, Sharan told the court that the investigating agency said his client was the “active brain behind Kalaignar TV” and even if she was, it was no ground to proceed against her.

Dismissing the plea, Chief Justice Dattu said that the burden of proving the case was on the CBI and why should the accused be deprived of another opportunity to demonstrate her innocence.

The CBI had charge sheeted 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 of Balwa.

(IANS)

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Raja gave unfair advantage to Swan Telecom: CBI

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By NewsGram Staff Writer

New Delhi: A. Raja manipulated 2G spectrum allocation policy in favor of Swan Telecom, CBI told a special court on Monday.

Raja, a member of Dravida Munnetra Kazhagam (DMK), was the head of Telecommunications and IT Ministry of India when the scam happened. He was the primary accused in the scam.

Special public prosecutor Anand Grover told Special Judge O.P. Saini that in an arbitrary decision, the then telecom minister A. Raja gave unfair advantage to Swan Telecom.

Advancing the final argument in the case, Grover said the cut-off date for receiving applications was changed from October 10, 2007 to October 1, 2007, and the decision was taken by Raja to favor some firms.

Swan telecom promoter Shahid Usman Balwa, one of the accused in the 2G scam, had prior knowledge of the design of the spectrum allocation process and had kept the demand drafts and other documents ready before hand, the Central Bureau of Investigation said.

The court was hearing the final arguments in the case which will continue on Thursday.

The case pertains to the 2G spectrum allocation in which Raja, DMK Rajya Sabha member Kanimozhi and others are facing trial.
According to the CBI, Raja was biased in allocating 2G mobile airwaves and operating licences to telecom firms, causing huge loss to the state exchequer.

The scam is believed to have cost Indian government a loss of 1766.45 billion.

The court framed charges on October 22, 2011, against 14 accused and three companies under various provisions of the Indian Penal Code and the Prevention of Corruption Act.

All the accused, including Raja, are out on bail.

(With inputs from IANS)