Notice to CBI on bail plea of Kanimozhi, four others

November 9th, 2011 - 8:49 pm ICT by IANS  

New Delhi, Nov 9 (IANS) The Delhi High Court Wednesday sought the CBI’s reply by Dec 1 on the bail pleas of DMK MP Kanimozhi and four other accused in the 2G scam and asked the jail officials for a medical report on accused Cineyug Films founder Karim Morani.

Justice V.K. Shali issued notice to the Central Bureau of Investigation (CBI) after hearing arguments on behalf of Kanimozhi, Kalaignar TV chief Sharad Kumar, Karim Morani and Kusegaon Fruits and Vegetables Pvt. Ltd. directors Asif Balwa and Rajiv B. Agarwal.

The court also directed Tihar Jail superintendent to submit a medical report on Morani, who has sought bail on health grounds.

Appearing for Kanimozhi, senior advocate Altaf Ahmed contended bench that the trial court ignored the CBI’s willingness to allow bail to the five accused.

“A set of accused who came in appeal against the trail court bail denial order are not made accused in the principle charge sheet, in which former communications minister A. Raja is named,” said the defence counsel.

Kanimozhi’s counsel also told the court that the CBI apprehension that Kanimozhi and Sharad Kumar would flee from justice was baseless, as the court may impose conditions.

Senior advocate Mohan Parasaran, appearing for the CBI, told the court that the probe agency had no objection to the bail pleas.

“We reiterate the stand taken before the trial court. There is no deviation from that,” the lawyer said.

The response of CBI counsel came after Justice Shali asked the CBI if there was any change in the stand taken by the agency on the bail pleas before the trial court.

The five moved the high court with their bail pleas after a CBI special court Nov 3, turned down their petitions.

Others whose bail applications were dismissed by the trial court included Swan Telecom promoter Shahid Usman Balwa, Raja’s former private secretary R.K. Chandolia, Morani, and former telecom secretary Siddhartha Behura.

Lawyer Ahmed said: “Kanimozhi and Sharad Kumar were not involved in allotment of spectrum nor caused any loss to the government.”

“If Kanimozhi and Raja used to meet each other regularly, it did not mean that she was involved in the conspiracy. How do the CBI link this,” said Ahmed.

Kanimozhi has been denied bail four times.

She has been accused of helping Raja accept Rs.200 crore kickback from a company who was allegedly shown undue favour by him.

Kanimozhi and the four others face charges ranging from criminal breach of trust, corruption, criminal conspiracy, falsification of documents to cheating and abetment to crime.

The CBI have so far arrested 14 people. Raja, also a member of the DMK, was a federal minister until he resigned late last year following the allegations. All 14 have pleaded not guilty in the case.

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