New Delhi: Bollywood producer Karim Morani, an accused in the 2G scam, was on Tuesday denied interim bail on medical grounds by the Delhi High Court which said liberty for a six-week period will not change his "medical history" and the ailments could be managed in jail. "The condition of the petitioner (Morani) is stable and it is being properly managed by medications. Thus, I do not find it a fit case for grant of interim bail on medical grounds, particularly when the release of the petitioner for period of four to six weeks would not change his medical history or situation," Justice Ajit Bharihoke said. Court to start hearing on framing of charges on Jul 21 JPN/Agencies
Justice Bharihoke, who asked Morani to move for the regular bail at an opportune time, relied on the findings of a medical board which examined him recently following the direction of the court.
"On perusal of the report from the board of doctors of G B Pant hospital, the medical condition of the petitioner appears to be stable and he has been advised to continue treatment and precaution as recommended to him at the time of discharge from the hospital on June 24," the court, in its 11-page order, said.
The report did not suggest that his medical condition cannot be managed in the jail hospital, it said.
The court, meanwhile, directed the jail superintendent and the medical officer of Tihar to ensure his proper treatment and keep monitoring his medical condition.
Morani, 53, who is accused of fecilitating routing of Rs 200 crore bribe to DMK-run Kalaignar TV through various companies of co-accused Shahid Balwa and his own firm Cineyug Films, had moved for interim bail to consult his doctors for proper management of his health problems including cardiac ailments.
Earlier, Morani had pleaded that his confinement may have adverse impact on his health as doctors have advised him to "avoid stress".
CBI opposed his bail plea saying Morani's blood pressure and pulse rate were normal and even his cardiac problems did not require his hospitalisation and there was no significant abnormality in his cardiovascular system.
A special CBI court had ordered the arrest of Morani after dismissing his bail plea on May 30.
CBI has accused Morani of taking Rs six crore for facilitating the transaction of illegal gratification to Kalaignar TV.
Besides Morani, 13 persons, including DMK MP Kanimozhi who holds a stake in Kalaignar TV, have been arrested in the case.
Three companies, Swan Telecom, Unitech Wireless (Tamil Nadu) Ltd and Reliance Telecom Ltd, have also been named as accused in the case.
CBI seeks dismissal of Chandolia’s plea
The CBI on Tuesday strongly opposed the plea of former telecom minister A Raja's erstwhile aide R K Chandolia that the agency lacks proper sanction to prosecute him in the 2G case.
In its reply filed before Special CBI Judge O P Saini, the agency termed Chandolia's plea as "frivolous" and sought its dismissal after imposition of heavy cost.
Chandolia had accused the CBI of not having any order of competent authority under Delhi Special Police Establishment (DSPE) Act to probe the case against him.
Countering his plea, the CBI submitted that Satish Bhushan, Under-Secretary (vigilance), Ministry of Finance, had conveyed permission of the government as required under the DSPE Act to initiate inquiry against him in a letter dated December 7, 2010.
The CBI contended that Raja's former personal secretary's plea was based upon incorrect assertions.
Chandolia had claimed that there is no sanction to prosecute him for the offences punishable under section 120-B (criminal conspiracy) and 420 (cheating) of the IPC and had
also sought interim bail till the disposal of his application.
Refuting Chandolia's contentions that there was no application of mind by sanctioning authority in granting sanction under the Prevention of Corruption Act, the CBI said, "This contention of the accused has no force as it is nowhere required in law that sanctioning authority must peruse each and every document, statement of all witnesses examined
"The essential requirement of law is that all the relevant material should be considered by sanctioning authority."
The CBI said they did not require sanction for his prosecution under the IPC as "allegations levelled in the charge sheet are self explanatory".
"There is no provision in the CrPC, especially under section 437 of CrPC, entitling an accused to be released on interim bail till disposal of his application, challenging the
authenticity of sanction order," the CBI said, opposing Chandolia's plea for interim bail.
The court has now slated the matter for arguments on Wednesday.
A Delhi court on decided to commence from Thursday arguments on framing of charges in the high-profile 2G case in which former telecom minister A Raja, DMK MP Kanimozhi and several corporate honchos have been charge sheeted by the CBI.
"Arguments on charges shall commence with effect from July 21," Special CBI Judge O P Saini said after the agency and the defence counsel submitted that the supply of documents, annexed with the two charge sheets in the case, has been completed.
The CBI had, in its first charge sheet, accused Raja, and eight other persons as well as three companies of causing a loss of Rs 30,984 crore to the exchequer.
The companies named in the charge sheet filed in the Delhi court include Reliance Communications, Unitech Wireless and Swan Telecom.
Charges of cheating, forgery, criminal conspiracy and corruption have been levelled against Raja, his private secretary R K Chandolia, former telecom secretary Siddharth Behura and Swan Telecom promoter Shahid Usman Balwa.
Others named in the charge sheet include Vinod Goenka, a director of Mumbai-based DB Realty which was also the promoter of Etisalat DB, Sanjay Chandra, managing director of Gurgaon-based real estate company Unitech and Unitech Wireless(Tamil Nadu) Pvt Ltd, and Gautam Doshi, Hari Nair and Surendra Pipara, the group managing director and senior vice presidents of Mumbai-based Reliance Telecom Company respectively.
In the second charge sheet filed on April 25, the CBI accused Kanimozhi, daughter of DMK chief M Karunanidhi, of allegedly entering into a criminal conspiracy with prime accused Raja.
Kanimozhi (43) has been charged under Prevention of Corruption Act for taking illegal gratification through Kalaignar TV-- a channel run by the ruling DMK in Tamil Nadu-- in which the money related to the 2G scam was allegedly routed.
Besides Kanimozhi, four others--- Kalaignar TV managing director Sharad Kumar, Karim Morani, director of Cineyug Media and Entertainment Pvt Ltd, Swan Telecom promoter Shahid Usman Balwa's cousin Asif Balwa and Rajeev Agarwal, who are directors of Kusegaon Fruits and Vegetables Pvt Ltd--- were named in the charge sheet.
The second charge sheet discusses the routing of over Rs 200 crores alleged illegal gratification from M/S Dynamix Realty to Kalaignar TV Pvt Ltd through M/S Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.
New Delhi: Bollywood producer Karim Morani, an accused in the 2G scam, was on Tuesday denied interim bail on medical grounds by the Delhi High Court which said liberty for a six-week period will not change his "medical history" and the ailments could be managed in jail.
"The condition of the petitioner (Morani) is stable and it is being properly managed by medications. Thus, I do not find it a fit case for grant of interim bail on medical grounds, particularly when the release of the petitioner for period of four to six weeks would not change his medical history or situation," Justice Ajit Bharihoke said.
Court to start hearing on framing of charges on Jul 21