DMK’s first daughter Kanimozhi sent to jail

May 21, 2011

New Delhi A CBI court today ordered the immediate arrest of DMK Rajya Sabha MP Kanimozhi in the 2G spectrum scam, calling the allegations against her “very grave” and the “magnitude of the crime enormous”. She was “in conspiracy with accused A Raja as far as grant of licence and allotment of spectrum to Swan Telecom is concerned”, the court observed, dismissing her bail plea.

Along with her, Special CBI Judge O P Saini also sent Kalaignar TV Managing Director Sharad Kumar to Tihar jail, where other accused in the scam are already lodged.
“Kumar and Kanimozhi were involved in a dubious transaction to transfer Rs 200 crore as quid pro quo from DB Group companies to Kalaignar TV disguising it as a genuine business transaction,” the 144-page order said. “The role of both accused is clear from the above incriminating material... the magnitude of the crime is enormous. The allegations are very grave. The supporting evidence is also on record.”
The judge dismissed the contention that being a woman, Kanimozhi should be granted bail.
“Considering the magnitude of the crime and the allegations against her, I am unable to show any consideration to her on this ground, though I wish I could show some consideration, considering her extremely dignified conduct in the court.”
Making a note of the statement of public witness G Rajendran before the CBI, Saini said: “He states that the meeting of board of directors of Kalaignar TV held on 13.2.2009 in which Sharad Kumar was authorised to raise funds from Cineyug Limited up to Rs 200 crore was attended by Kumar and Kanimozhi.”
The CBI has charged Kanimozi with criminal conspiracy (Section 120 B of IPC) and under Sections 7 and 12 of the Prevention of Corruption Act.
Rejecting the defence contention that the Rajya Sabha MP did not play an active role in Kalaignar TV affairs, Judge Saini said she was “an initial director of the company and resigned only for the reason that her clearance from MHA (Ministry of Home Affairs) was pending... she was also widely covered by the Kalaignar Seithigal (News) channel”.
The judge also noted that “considering that many witnesses are employees of Kalaignar TV, there is every apprehension that the witnesses may be influenced if the accused is relealsed on bail”.
The judge relied on statements of three witnesses before the CBI: Asservatham Achary, the additional private secretary of A Raja; G Rajendran, General Manager (Finance), Kalaignar TV; and P Amritham, Additional Director, Kalaignar.
Achary said Kanimozhi was an active brain behind Kalaignar TV and frequently visited the camp office of A Raja, where company work was discussed. Rajendran testified that shares subscription and shareholders’ agreement dated 19.12.2008 was executed between Cineyug Films and Kalaignar TV and its three promoters, M K Dayalu, Kanimozhi Karunanidhi and Sharad Kumar. The agreement was also signed by the trio. Amritham pointed out that Kanimozhi was Director (Kalaignar TV) from 6.6.2007 to 20.6.2007.
About Kumar, the order said: “He has signed all the agreements purportedly signed with Cineyug Films and other relevant documents, not only on behalf of the company but also on behalf of himself and other directors/shareholders of the company.”
Rejecting the defence argument that since the duo were produced following summons they could not be taken into custody, the order said: “When an accused appears in court in response to summons issued by it, he surrenders himself to the custody of the court.”
“By way of abundant caution,” Saini also added that his observations were “tentative” and did not “tantamount to expression of opinion on the merit of the case”.