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CBI fails to bail out Kani
In an anti-climax, court hints no relief for 2G accused till evidence stage
The strategy of the CBI to bail out DMK MP Kanimozhi failed as Special CBI Judge OP Saini on Thursday turned down the bail applications of all eight accused in the 2G spectrum scam. The order came as an anti-climax to the expected release of the DMK chief’s daughter. A large number of DMK MPs and leaders, including South Indian film stars Khushboo and Ritesh, were present in the courtroom.
The court rejected CBI’s stand of ‘no objection’ to the bail pleas of Kanimozhi and four others saying the charges framed against the accused were grave in nature. The judge said, “No objection by the prosecution to the bail plea of an accused may carry some weight in the facts and circumstances of a given case but where the allegations and charges levelled against the accused are of grave nature, such no objection, in my opinion, is of no legal consequence.” Ruling out CBI's contention, the court added, “There is no distinction between the accused charged on the basis of main chargesheet and supplementary chargesheet. There is only one chargesheet in the eyes of law.”
With the CBI not opposing their bail, the five accused had high hopes of getting released on bail on Thursday. The CBI had preferred not to oppose the bail pleas of Kanimozhi, Kalaignar TV MD Sharad Kumar, Kusegaon Fruits and Vegetables directors Asif Balwa and Rajiv Agarwal and Bollywood filmmaker Karim Morani, whose names had figured in the supplementary chargesheet filed on April 25. Besides these five, the court also dismissed the bail pleas of former Telecom Secretary Siddharth Behura, former Telecom Minister A Raja’s Private Secretary RK Chandolia and Swan Telecom promoter Shahid Usman Balwa.
The court also brushed aside Kanimozhi’s contention of seeking bail on grounds of being a woman as prescribed under Section 437 of the CrPC. “Accused Kanimozhi belongs to upper echelons of society and is also a Member of Parliament. By no stretch of the imagination, she can be said to be suffering from any discrimination on grounds of being a woman.”
While dismissing Morani’s submission that he was sick, the judge said the medical records did not suggest that “standard of illness of Morani was so high as to categorise his custody as detrimental to his health.”
Referring to Chandolia's arguments, the court said, "Chandolia has said that AK Srivastava and Aseervatham Achari are the only two star witnesses against him and he is not in a position to influence them." But it noted that most of the witnesses in the case were relatives, employees, colleagues and subordinates of the accused and the fear of their being influenced is 'well founded'.
"Victims and witnesses cannot be left to their own fate while protecting the rights of the accused. They also must have a sense of security and safety and must have a feeling that no harm would come their way by just being witness in a case and disclosing the truth before the investigating agency and the court," the judge said.
The court said after framing of charges, the legal situation for them had only worsened. It also gave hints of keeping the accused in custody till the evidence stage. "If the witnesses do not gather courage to tell the truth before the court, the tripod (of accused, victim and witness) would break down and truth will not come out and cause of justice would suffer. One way of generating the sense of security in the mind of victim and the witnesses is to keep the accused in custody till their evidence is complete," the judge said.
In an anti-climax, court hints no relief for 2G accused till evidence stage
The strategy of the CBI to bail out DMK MP Kanimozhi failed as Special CBI Judge OP Saini on Thursday turned down the bail applications of all eight accused in the 2G spectrum scam. The order came as an anti-climax to the expected release of the DMK chief’s daughter. A large number of DMK MPs and leaders, including South Indian film stars Khushboo and Ritesh, were present in the courtroom.
The court rejected CBI’s stand of ‘no objection’ to the bail pleas of Kanimozhi and four others saying the charges framed against the accused were grave in nature. The judge said, “No objection by the prosecution to the bail plea of an accused may carry some weight in the facts and circumstances of a given case but where the allegations and charges levelled against the accused are of grave nature, such no objection, in my opinion, is of no legal consequence.” Ruling out CBI's contention, the court added, “There is no distinction between the accused charged on the basis of main chargesheet and supplementary chargesheet. There is only one chargesheet in the eyes of law.”
With the CBI not opposing their bail, the five accused had high hopes of getting released on bail on Thursday. The CBI had preferred not to oppose the bail pleas of Kanimozhi, Kalaignar TV MD Sharad Kumar, Kusegaon Fruits and Vegetables directors Asif Balwa and Rajiv Agarwal and Bollywood filmmaker Karim Morani, whose names had figured in the supplementary chargesheet filed on April 25. Besides these five, the court also dismissed the bail pleas of former Telecom Secretary Siddharth Behura, former Telecom Minister A Raja’s Private Secretary RK Chandolia and Swan Telecom promoter Shahid Usman Balwa.
The court also brushed aside Kanimozhi’s contention of seeking bail on grounds of being a woman as prescribed under Section 437 of the CrPC. “Accused Kanimozhi belongs to upper echelons of society and is also a Member of Parliament. By no stretch of the imagination, she can be said to be suffering from any discrimination on grounds of being a woman.”
While dismissing Morani’s submission that he was sick, the judge said the medical records did not suggest that “standard of illness of Morani was so high as to categorise his custody as detrimental to his health.”
Referring to Chandolia's arguments, the court said, "Chandolia has said that AK Srivastava and Aseervatham Achari are the only two star witnesses against him and he is not in a position to influence them." But it noted that most of the witnesses in the case were relatives, employees, colleagues and subordinates of the accused and the fear of their being influenced is 'well founded'.
"Victims and witnesses cannot be left to their own fate while protecting the rights of the accused. They also must have a sense of security and safety and must have a feeling that no harm would come their way by just being witness in a case and disclosing the truth before the investigating agency and the court," the judge said.
The court said after framing of charges, the legal situation for them had only worsened. It also gave hints of keeping the accused in custody till the evidence stage. "If the witnesses do not gather courage to tell the truth before the court, the tripod (of accused, victim and witness) would break down and truth will not come out and cause of justice would suffer. One way of generating the sense of security in the mind of victim and the witnesses is to keep the accused in custody till their evidence is complete," the judge said.
