NEW DELHI, May 7 � Suspense continued today over arrest of DMK MP Kanimozhi with a special court reserving for May 14 its orders on her bail application after CBI strongly objected to it saying her �complicity� in the alleged bribe given to Kalaignar TV in the 2G scam was clear, reports PTI.
The court also rejected her plea seeking exemption from personal appearance before it on May 9 and 10 as CBI contended that she was �controlling everything� in Kalaignar TV, which got Rs 200 crore bribe from Dynamix Balwa group, from behind the scene.
Kanimozhi, and co-accused Sharad Kumar, Managing Director and CEO of the channel, wanted to go to Chennai to prepare for appearance before Enforcement Directorate (ED), probing money laundering aspects of the 2G scam.
Special CBI Judge O P Saini will pronounce the order on the bail pleas of Kanimozhi on May 14, a day after the results for the Tamil Nadu Assembly elections will be out.
�Given the facts and circumstances of the case, I am not inclined to allow the instant application, pending disposal of bail applications. Accordingly the applications are dismissed,� the special judge said on their plea for personal exemption from appearance.
Earlier, senior advocate Shanmugasundaram, appearing for Kanimozhi and Sharad, said �the accused may be allowed exemption from personal appearance before this court as they wish to visit Chennai in order to meet their auditors to prepare their replies before the ED for which they have been summoned for May 12 and 13.�
The CBI prosecutor opposed their plea saying �pending disposal of the bail applications, such an application cannot be allowed.�
The agency, however, said that one of the accused can go to Chennai as the documents, sought by the ED, are almost same.
The court rejected the plea and asked them to remain present every day till it decides their bail applications.
ED has asked Kanimozhi to furnish photocopy of her passport along with the details of the bank accounts in her name and her family members in India and abroad since January 1, 2007.
Kanimozhi, who was wearing pink �salwar suit�, was present during the day-long proceedings and was seen talking with key accused and former Telecom Minister A Raja.
Besides DMK Parliamentary Party leader T R Baalu, Kanimozhi�s husband Aravindan and several party MPs were inside the courtroom to express solidarity with her.
Noted criminal lawyer Ram Jethmalani�s strong arguments yesterday for Kanimozhi�s bail were rebutted with vigour by Lalit who said the fact that the family members including Kanimozhi held 80 per cent shares in Kalaignar TV cannot be overlooked and it amply suggested that she was the �controlling mind�.
Dayalu Ammal, step mother of Kanimozhi who is having 60 percent shares in the channel, was made a witness as she knew only Tamil and did not take part in handling the affairs of the company, Lalit said.
Jethmalani had sought to blame Raja and Sharad Kumar for the alleged offence. He,however, clarified that his contentions were without prejudice to the rights of the co-accused.
Responding to Jethmalani�s plea, Lalit said �the transactions (of Rs 200 crore) are nothing but the transfer of bribe money to Kalaignar TV. Kumar (MD of the channel) alone cannot be held responsible when a family is having the controlling shares.�
Initially, Kanimozhi was one of the directors of the Kalaignar TV and resigned only when she did not get clearance from the Ministry of Home Affairs, Lalit said.
Kanimozhi and her family have got majority stake in the TV channel, which received Rs 200 crore from the company which got telecom license and spectrum illegally during the tenure of Raja.
The CBI contended that there was sufficient evidence to prove Kanimozhi�s complicity in the transaction of Rs 200 crore paid by Shahid Usman Balwa of Swan Telecom.
�Kanimozhi and Sharad Kumar�s complicity in the entire transaction of Rs 200 crore is clearly made out,� Lalit said while pleading that no lenient approach be shown to them and they be sent to judicial custody like other accused.
The court had yesterday ordered status quo vis-a-vis Kanimozhi and Sharad Kumar�s personal liberty, implying that they will not be taken into custody unless the court rejects their bail pleas on May 14 and orders their arrest.
