2G Scam: No documents to support allegations against me, says Kanimozhi to court

Arguing on framing of charges, her advocate Sushil Bajaj told Special CBI Judge O P Saini that there were no documents to substantiate the allegation against her that said that she, in conspiracy with others, arranged Rs 200 crore alleged illegal gratification.

He argued that documents filed along with the Enforcement Directorate’s complaint nowhere show that Kanimozhi was connected with the Rs 200-crore transaction from DB group company to DMK-run Kalaignar TV through Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.

“My (Kanimozhi) defence is that complaint and statement of witnesses filed by the Enforcement Directorate (ED) should be accepted as it is. The allegation on Kanimozhi is that she and Raja had arranged the illegal gratification of Rs 200 crore but the allegation is not supported by any document,” Bajaj said.

“Read ED’s case as it is and the court will come to the conclusion that there is no evidence against Kanimozhi,” he said. The arguments remained inconclusive and will continue on September 29.

ED, in its charge sheet against 19 accused, including 10 individuals and nine firms, had alleged that they were involved in the Rs 200-crore money transaction which was not “bonafide” and “genuine” and it was a “bribe for grant of telecom licences to DB Group companies” by Raja.

Raja too had earlier argued in the court that there was no evidence against him in the case.

During the arguments on Friday, advocate Majid Memon, who appeared for Swan Telecom promoter Vinod Goenka, a co-accused, said that there was no evidence to connect his client with the crime and proceeds of crime.

Similarly, the counsel appearing for accused Sharad Kumar, MD of Kalaignar TV, argued that although his client was the promoter, director and shareholder of Kalaignar TV, but he did not know that money received by the channel was “tainted”.

“There is no material to say that I (Sharad Kumar) knew the money was tainted or it was the bribe amount to be given to A Raja. I had no knowledge about the origin of the money,” the counsel said.

He said that the charge against Kumar was that he was “actually involved” in receiving and returning the money but a person cannot be actually involved in the commission of crime without having any knowledge.

The advocate appearing for accused firm Swan Telecom Pvt Ltd told the court that until and unless it was proved that Rs200 crore was paid as bribe, it cannot be termed as proceeds of crime.

“I am nowhere in the alleged transaction and neither I am the source nor the destination of the money. It is a good case for discharge,” he said, adding, “A company is all together a different entity. The company is not concerned with what the directors do.”

Similarly, some of the co-accused in the case, including Bollywood producer Karim Morani and Cineyug Films Pvt Ltd, adopted the arguments advanced by the other defence counsel claiming that they had no role in the alleged money trail.

Earlier, special public prosecutor Anand Grover had told the court that the series of transactions relating to transfer of Rs 200 crore from DB group company to DMK-run Kalaignar TV through two firms were not “genuine business transaction”.

In its charge sheet, ED had claimed its probe into the case emanates from the 2G spectrum allocation scam and the accused had allegedly conspired and committed offences under provisions of the Prevention of Money Laundering Act (PMLA).

The accused, including DMK supremo M Karunanidhi’s wife Dayalu Ammal, were earlier granted bail by the court.

Besides Raja, Kanimozhi and Dayalu Ammal, the other accused in the case are Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Agarwal, Kalaignar TV MD Sharad Kumar, Bollywood producer Karim Morani and P Amirtham.

ED has also named Swan Telecom Pvt Ltd, Kusegaon Realty Pvt Ltd (formerly known as Kusegaon Fruits and Vegetables Pvt Ltd), Cineyug Media and Entertainment Pvt Ltd (formerly known as Cineyug Films Pvt Ltd), Kalaignar TV Pvt Ltd, Dynamix Realty, Eversmile Construction Company Pvt Ltd, Conwood Constructions and Developers (P) Ltd, DB Realty Ltd and Nihar Constructions Pvt Ltd as accused in the case.