New Delhi:
DMK MP Kanimozhi filed an appeal in the Delhi High Court today seeking bail. On Thursday, a CBI court had dismissed her bail plea along with that of seven others accused in the 2G scam case.
The court's decision had left many stunned as the odds were in favour of her getting bail after more than five months in prison for her alleged role in the telecom scam. The CBI, which had contested three earlier bail applications for her, had said a few weeks ago that this time around, it has no objections to her leaving prison. The Supreme Court, which had refused her bail in June, had advised her to try again after charges were framed against her - which happened on October 22. And a section of the Indian law (437 of the Criminal Procedure Code) suggests bail be considered for women, under-16s, and sick people - a clause that her lawyers had invoked
But when Judge OP Saini announced that he was refusing bail to her, the young MP, who is the daughter of DMK chief M Karunanidhi, broke down. In his order, the judge was scathing of Kanimozhi's lawyers for trying to use her gender as grounds for her bail. "Accused Kanimozhi belongs to upper echelons of the society and is also a Member of Parliament," he said. "By no stretch of imagination Kanimozhi can be said to be suffering from any discrimination on the grounds of being a woman."
But Kanimozhi says the CBI special court has "erred in its judgement by differentiating classes of woman." And this time again, she has used gender as grounds for bail. Her bail plea is likely to be taken up by the High Court next week.
"The petitioner is a woman having a minor son aged about nine years who has been craving for the company of his mother for almost the last six months," her bail petition before the High Court says.
It adds: "Neither Section 437 of Criminal Procedure Code nor the Constitution discriminates between classes of woman especially on the basis of status in the society. The benefit of woman should be given irrespective of society.
"The judge did not consider in proper perspective the order of the apex court which said bail should be considered after framing of charges. The CBI did not express apprehension that the petitioner will tamper with evidence. The probe is over and so there is no need to keep the petition in custody."
Along with Kanimozhi, those who were denied bail on Thursday are Bollywood filmmaker Karim Morani, Kusegaon Fruits & Vegetables directors Rajiv Aggarwal and Asif Balwa, Swan Telecom promoter Shahid Balwa, former bureaucrats RK Chandolia and Siddharth Behura, and Sharath Kumar who is the Managing Director of Kalaignar TV, which he co-owns with Kanimozhi and her stepmother.
The trial for the telecom scam begins on November 11 for the 14 people, who have all been accused of criminal conspiracy. A Raja, also from the DMK and also in jail, is the only one who has not applied for bail - he says he will leave jail only after he proves in court that the scam he is being held accountable for is fictitious.
Kanimozhi's alleged role rests on the charge that she allowed Kalaignar TV in Chennai to serve as the resting place for a 214-crore kickback sent to Mr Raja by Swan Telecom.