New Delhi: A Delhi court on Friday ordered ‘forthwith’ arrest of DMK MP Kanimozhi and Kalaignar TV MD Sharad Kumar after rejecting their bail pleas in the 2G spectrum case.

"The bail applications are dismissed. Both the accused be taken into custody forthwith," Special CBI Judge O P Saini said.

The court directed that 43-year-old Kanimozhi and Kumar should be produced before it at 10 am on Saturday, when the case comes up for hearing.

The DMK MP, wearing an orange salwar suit, looked stunned after the CBI judge pronounced his order and was consoled by her family members, including her husband Aravindan.

DMK leaders, including its parliamentary party chief T R Baalu, were present in the court.

Minutes after the court pronounced its order, some of DMK supporters broke down while others were seen making frantic calls.

Kanimozhi has been charged under the Prevention of Corruption Act for taking bribe through Kalaignar TV – a channel run by DMK -- in which a sum of Rs 200 crore was routed from Shahid Usman Balwa's firm DB Realty.

Kanimozhi and Kumar hold 20 per cent stakes each in Kalaignar TV while former Tamil Nadu Chief Minister Karunanidhi's wife Dayalu Ammal holds 60 per cent share in it.

Kanimozhi breaks down

DMK MP Kanimozhi, her family members and supporters, who waited four hours for the pronouncement of order on her bail, turned gloomy and some even cried inconsolably when women constables arrested and took her inside the lock-up.

The short and terse oral order – “Bail applications are dismissed. They be arrested forthwith” -- of Special CBI Judge O P Saini left Kanimozhi and her family members and DMK supporters stunned.

Kanimozhi, who could not hear the judge properly, turned towards former Telecom Minister A Raja to confirm the order.

Some of the emotionally-charged supporters broke down inside the courtroom while Kanimozhi, surrounded by her family members and husband Aravindan, tried hard to conceal her emotions.

However, tears welled on the cheeks of Kanimozhi, when she was being taken inside the lock-up by women constables.

Minutes after the pronouncement of the order, one of the bodyguards of the DMK leader came out crying and was surrounded by other party supporters.

The writ of women constables forcing her family members to leave her while affecting the arrest created a scene as all the female relatives started crying.

Gender cannot be ground for bail: Court

The plea of ‘womanhood’ raised by noted criminal lawyer Ram Jethmalani could not cut ice with a Delhi Court which on Friday rejected the bail plea of DMK MP Kanimozhi saying that gender cannot be considered as a ground for relief in the 2G spectrum case.

"Sex is one of the grounds which may be considered at the time of granting of bail. However, considering the magnitude of the crime and the allegations against her, I am unable to show any consideration to her on this ground," special CBI Judge O P Saini said.

Earlier, Jethmalani, appearing for Kanimozhi had sought her release saying that she is a woman and consideration may be shown for her womanhood as such she deserves to be released on bail.

"Even in the cases of grievous nature like murder, an accused may be released on bail solely on the ground that she is a woman," Jethmalani had argued.

The court, however, refused to accept the submissions and said that in a case of such enormity, gender cannot be a ground for bail.

However, the "dignified" conduct of 43-year-old Kanimozhi during court proceedings did earn some special praise for her.

"I wish, I could show her some consideration, considering her extremely dignified conduct in the court," the CBI Judge said.

‘Cheque payments nailed Kanimozhi’

It was sheer ‘luck’ for the CBI to have traced the vital Rs 214 crore money trail in the 2G spectrum case allegedly linking DMK MP Kanimozhi with one of the accused companies DB Realty as the payments took place through cheques, top officials said here.

It is very difficult to unearth money trail in such cases of alleged corruption as a lot of 'benami' transactions take place which are nearly impossible to attribute to a particular individual, they said.

"It was pure luck that we came across these transactions which were done through cheques. These helped us to fit pieces of the jig-zag puzzle," one of the CBI officials said.

The officials said the agency has so far not detected any ‘quid pro quo’ in the spectrum allocation scam except the alleged financial transaction between the Kalaignar TV, where Kanimozhi has a 20 per cent stake, and Cineyug but is working on certain leads as investigation is under progress.

A team of CBI officials will be visiting Mauritius which might give an insight into the money trail in the scam and might bring out any bribe money which might have changed hands, sources said.


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