Special court defers hearing on Kanimozhi's bail plea to 17 October

A special court on Saturday deferred hearing on the bail plea of DMK MP Kanimozhi and Kalaignar TV managing director Sharad Kumar to 17 October.

It also postponed the hearing of arguments for bail for five other accused in the 2G telecom scam to Monday. The five include R K Chandolia, former private secretary to the then telecom minister A Raja; Shahid Usman Balwa, the promoter of Swan Telecom; Rajiv Agarwal and Asif Balwa, directors of Kusegaon Fruits and Vegetables; and Karim Morani, director, Cineyug Films.

Hearings in the bail plea of Kanimozhi and Kumar were postponed after their lawyers said they would argue on the application only after the court framed charges. The special court said the charges would be framed by 15 October.

Their lawyers also opposed the fresh plea of the Central Bureau of Investigation (CBI), which wanted to press for additional charge of criminal breach of trust against Kanimozhi and Kumar.
 
"It is pertinent to mention that accused Kanimozhi and Sharad Kumar have nothing to do with the allocation of spectrum nor in any way the beneficiary of the spectrum licences so allocated," their lawyers argued. "Even as per CBI, they were not part of the conspiracy relating to allocation of spectrum," they added.

Kanimozhi's lawyer also pointed out that since she is a sitting member of Parliament from the Rajya Sabha - and thus a public servant - proper sanction would have to be obtained for the additional charges being framed against her.

On Friday, Raja's lawyer told the special court that he would not participate in the hearings till the CBI clarified whether it had completed its probe against the jailed minister.

"I am taking a very clear stand that till the time CBI files an affidavit or says it on oath here that the investigation is complete or going on, I am not going to participate in the proceedings of this case," Sushil Kumar, Raja's lawyer, told the special court.

On Monday, the CBI filed additional charges of criminal breach of trust by a public servant against Raja and 16 others accused in the case. It also pressed for charges of criminal breach read with criminal conspiracy against the other 14 co-accused, including Kanimozhi, daughter of former Tamil Nadu chief minister M Karunanidhi.