2G scam case: SC rejects bails of Kanimozhi and Sharad Kumar
The Supreme Court on Monday rejected the bail pleas of DMK MP Kanimozhi and Kalaignar TV managing director Sharad Kumar, who are in jail in connection with the 2G spectrum case.
However, an apex court bench of Justice G.S. Singhvi and Justice B.S. Chauhan said that Kanimozhi can move for bail after the framing of charges by the trial court that is hearing the 2G case.
The court said that Kanimozhi can invoke Section 437 of the Criminal Procedure Code (CrPC), which provides for a consideration in grant of bail to a woman accused under the age of 60.
The court said that the trial court will consider her petition without being influenced by the rejection of her earlier bail plea.
The trial court of CBI Special Judge O.P. Saini is in recess till July 4, after which it will resume hearing on the chargesheet filed by the Central Bureau of Investigation (CBI) in the 2G case.
Last week, two judges of the Supreme Court, recused themselves from the hearing. According to informed sources, Justices P Sathasivam and A K Patnaik conveyed their decision to recuse to Chief Justice of India S H Kapadia, following which he constituted another bench with Justice Singhvi.
CBI filed an affidavit in the apex court opposing the bail pleas of Kanimozhi and co-accused Sharad Kumar on the ground that if released, they could tamper with evidence and influence witnesses.
The investigating agency contended Kanimozhi and Kumar were key conspirators and Rs 200 crore transferred to Kalaignar TV was part of the "bribe" amount and not a loan as claimed by the accused.
The agency said since investigation into the 2G case is at an advanced stage, it will not be proper for the apex court to grant bail to the accused.
CBI submitted the special CBI court and later the Delhi high court had carefully evaluated various material evidence and other factors to refuse bail to them.
The apex court had on June 13 asked CBI to explain where the Rs 200 crore, allegedly diverted to DMK-owned Kalaignar TV in 2G scam , has gone and also to file a response on their bail pleas in a week's time.
A bench of Justices B S Chauhan and Swatanter Kumar had also asked CBI to come out with a status report on the loss to the state exchequer due to the award of 13 licences to one of the telecom operators and trial proceedings in the CBI special court.
Kanimozhi and Kumar had moved the apex court seeking bail on June 10 challenging the Delhi high court verdict rejecting their bail on the ground that they have strong political connections and the possibility of them influencing witnesses cannot be ruled out.
