2G scam: Kanimozhi appears before court, seeks bail

New Delhi, May 6 (PTI) Tamil Nadu Chief Minister M
Karunanidhi's daughter and DMK MP Kanimozhi on Friday appeared
before a special court, responding to summons for her alleged
involvement in the 2G spectrum scam and sought bail on grounds
of being a woman.
43-year-old Kanimozhi appeared along with Kalaignar TV
Managing Director Sharad Kumar, another accused in the case.
The third accused, Cineyug Films Director Karim Morani, who
too had been summoned, however, sought exemption from
appearance on medical grounds.
Kanimozhi was accompanied to court by several party
leaders, including DMK MP T R Baalu.
Soon after the court proceedings began, senior
advocate and former Union Law Minister Ram Jethmalani filed a
bail plea on her behalf contending that she "has no role,
whatsoever, in the scam."
He contended that apart from having a 20 per cent
stake in Kalaignar TV, she does not have any role in running
its day-to-day affairs.
She is neither a board member nor had attended any
board meeting of the channel, said Jethmalani, adding that
being a woman she deserves to be granted bail.
As Jethmalani argued for her, Kanimozhi looked calm
and composed. The argument on her bail plea, besides
proceedings relating to other accused, who appeared in the
court were continuing.
The 2G spectrum scam also involved former Indian
Telecom Minister A Raja and other officials in the government
of India illegally undercharging mobile telephony companies
for frequency allocation licenses, which they would use to
create 2G subscriptions for cell phones. Spectrum scam has
cost the government Rs. 1.76 lakh crore.
Dealing with the CBI's allegations, Jethmalani said,
"Even if we assume that A Raja (former Indian Telecom
Minister) got transferred the bribe money from Dynamix group
to Kalaignar TV, no guilt is proved against me as I did not
sign any of the documents on behalf of the recipient TV
channel.
"Let us also assume that at his (Raja's) instance Rs
200 crore was routed to the TV channel. What is the offence
committed by me? I am only a shareholder in the company," he
asserted.
In an apparent bid to shift the blame to co-accused
Sharad Kumar, he said it was he (Kumar) who took all the
decisions on behalf of the TV channel.
He, however, clarified that his contentions were
without prejudice to the rights of other co-accused.
"It is almost impossible to obtain a conviction of
mine in this case," he said.
Jethmalani further said, "My misfortune is that I am
Karunanidhi's daughter and an MP. I have 20 per cent shares in
Kalaignar TV. Show me one overt act of mine which relates to
the offence."
Citing various judgements of the Supreme Court and
those of various US courts, Jethmalani said an overt act
committed by the company cannot be attributed to a person who
is its mere shareholder and did not take part in any of its
decision-making processes, indicating his complicity in the
case.
"I am an MP and a law abiding citizen. Moreover, being
a woman I be released on bail on furnishing of bond," he
pleaded.
Jethmalani said, "I do not suggest that everybody is
innocent in this case but so far as I am concerned I was not
handling the day-to-day affairs of the company which had been
in the chargesheet."
"I am just a shareholder and not a director who had
signed any document during the alleged transfer of money,"
said Jethmalani.
"It is not the case of anybody that the TV channel
came into being to get the 2G licences or to sell the same,"
Jethmalani said.
The court is now hearing the bail application of
Sharad Kumar, MD and CEO of the Kalaignar TV.