2G: No bail just yet for Kanimozhi, others

24 Oct 2011

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Rajya Sabha MP Kanimozhi Rajya Sabha MP Kanimozhi and several of her co-accused in the 2G spectrum allocation case will have to spend Diwali behind bars, as the special CBI court in Delhi looking into case today reserved orders on their bail pleas till 3 November.

The delay comes despite the fact that the Central Bureau of Investigation did not oppose bail for Kanimozhi and four others - Kalaignar TV managing director Sharad Kumar, directors of Kusegaon Fruits & Vegetables Asif Balwa and Rajiv Agarwal, and Bollywood producer Karim Morani.

Special prosecutor U U Lalit however opposed the grant of bail to two others seeking bail alongside the four – Asif's cousin Shahid Balwa and R K Chandolia, ex-secretary to jailed former telecom minister A Raja, saying, ''One can make a distinction so far as those for whom maximum punishment can be five years and those for whom maximum punishment can be seven years. At this juncture, I am opposing the bail pleas of accused 3 (Chandolia) and accused 4 (Shahid Balwa).''

The court will decide on 3 November on the fresh bail petitions of Kanimozhi and the four others. The court's decision will come as a blow to DMK patriarch M Karunanidhi, who has been camping in Delhi hoping to secure the release of his daughter Kanimozhi in time for Diwali celebrations.

On Saturday, apart from Kanimozhi and Raja, the special court ordered framing of charges against 15 others in the 2G spectrum allocation case. All have been charged under Section 409 of the Indian Penal Code for criminal breach of trust that attracts a maximum life sentence. The other charges of criminal conspiracy, cheating, forgery, accepting bribes against most accused fetches them jail term ranging between three years and seven years.

On Saturday, the court in its order said there was evidence that Raja, former telecom secretary Siddhartha Behura and others conspired to allocate ''valuable spectrum'', entrusted to them as public servants, to Swan Telecom and Unitech Wireless illegally to cause ''wrongful gain to the companies and thereby Section 409 is invoked against them''.

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