New Delhi: DMK MP Kanimozhi will have to cool her heels in Tihar jail for some more time as the Supreme Court on Monday dismissed her bail plea in the 2G scam and questioned CBI for its failure to interrogate the accused for recovering certain documents. (JPN/Agencies)
However, the court offered her some hope when it said she can approach the trial court for bail once charges are framed in the case.
The CBI is likely to soon file a third chargesheet in the case after which the special CBI court is expected to frame charges.
A special bench of Justices G S Singhvi and B S Chauhan ticked off counsel for Kanimozhi and co-accused Kalaignar TV Managing Director Sharad Kumar when they claimed that they were innocent and were not hungry for money.
"Hungry people neither take bribe nor do they come to the courts. None of them (accused) is a hungry person," the bench remarked when senior counsel Altaf Ahmed argued that the accused were "not hungry for money," and the Rs 200 crore transferred to Kalaignar TV was part of a loan amount.
The Apex Court order came as a surprise for the lawyers and the family members of the two accused as they were hopeful of getting relief from the bench which appeared receptive to their pleas for bail during the 90-minute hearing.
The defence argument that Kanimozhi and Kumar, whose bail plea was also rejected on Monday, were no longer required for investigation as CBI had so far not interrogated them prompted the bench to ask the agency as to why it failed to interrogate her.
It also asked Senior Counsel A S Chandiok appearing for CBI as to what prevented the agency from recovering certain documents.
"What is preventing you from recovering the documents. Why did you not interrogate them? Have they been interrogated? why were they not questioned?" the bench asked CBI."
The senior counsel merely claimed the probe was on. The bench was not impressed with the defence plea that the accused were willing to abide by any condition for bail and even the IMF Chief Dominique Strauss-Kahn was granted bail in the sexual molestation case.
"Let us keep the media discussions outside. It tends to blur our thinking, the bench remarked.
The bench did not agree with the plea of senior counsel Sushil Kumar that Kanimozhi should be granted bail as she has a 10-year old child to look after and that she was being denied his company. "That happens to all other women," the bench remarked.
ED may attach DB Realty properties
Meanwhile, in another development related to the 2G scam, the Enforcement Directorate is examining a request from CBI asking it to attach properties of DB Realty worth over Rs 200 crore of DB Group under the stringent Prevention of Money Laundering Act (PMLA).
The Enforcement Directorate is examining the legal issues on whether to attach the properties of DB Realty as proceeds of crime or that of the former Managing Director of the company Shahid Usman Balwa, who is now in jail, officials privy to the probe said here.
CBI while reasoning out the attachment of property of the real estate group alleged that Rs 200 crore bribe money was moved to DMK-owned Kalaignar TV from DB realty through a
circuitous route, a charge denied by the company.
The CBI wrote to the ED as the agency does not have powers to attach the properties as according to the provisions of the PMLA, it is the Enforcement Directorate which can take such an action.
In a statement, DB Realty distanced itself from the 2G spectrum issue and said that the real estate firm had had no direct or indirect shareholding in any telecom business entity.
"Some promoters of the company, in their individual capacity, have invested in Swan Telecom Private Limited (now known as Etisalat DB Telecom Private Limited)," a statement issued by the company said.
The statement from DB Realty came as the stocks of the real estate company declined by 1.79 per cent in last 10 days after the news of the attachment of property started doing the rounds.
In its chargesheet the CBI has alleged that Dynamix realty, a partnership firm of DB group of companies which also ran Swan Telecom, paid Rs 200 crore as illegal gratification to Kalaignar TV, which is controlled by the affiliates of DMK: Kanimozhi, Sharad Kumar and former Telecom Minister A Raja.
It alleged that there were several circumstances which "conclusively" established that the amount paid by Dynamix Realty to Kalaignar TV Pvt Ltd was not a genuine business transaction but bribe paid in lieu of the telcom licences, valuable spectrum and other undue benefit given to Swan Telecom - one of the beneficiaries of spectrum allocation.
The money was allegedly routed through Kusegaon Fruits and Vegetables Pvt Ltd and Karim Morani promoted Cineyug Films Pvt Ltd.
Once the CBI started its probe in the scam, the money was routed back to Dynamix realty.
The money was brought back as an alleged investment in the property business. The agency's move to attach properties is an attempt to recover the alleged Rs 200 crore bribe money paid to Kalaignar TV.
New Delhi: DMK MP Kanimozhi will have to cool her heels in Tihar jail for some more time as the Supreme Court on Monday dismissed her bail plea in the 2G scam and questioned CBI for its failure to interrogate the accused for recovering certain documents.