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This is an archive article published on November 28, 2011

2G case: DMK MP Kanimozhi,4 others get bail

No bail yet for ex-Telecom secy Siddharth Behura; procedural delay keeps Kani in jail 1 more night.

In jail for over six months for their alleged role in the 2G licence scam,DMK MP Kanimozhi and four other accused were given bail by the Delhi High Court today.

The court treated their situation on par with the five corporate executives who were given bail by the Supreme Court last week.

I grant bail to five persons. The conditions would be same as imposed by the Supreme Court, Justice V K Shali said. Besides Kanimozhi,others who were granted bail were Kalaignar TV MD Sharad Kumar,Bollywood filmmaker Karim Morani and Kusegaon Fruits and vegetables Pvt Ltd directors Rajiv Aggarwal and Asif Balwa.

Kanimozhi and the four others,however,will have to wait one more night behind bars as release warrants could not be issued by the Special Judge due to procedural delay.

The court also reserved its order on the bail plea of the sixth accused and former Telecom Secretary Siddhartha Behura,saying it would pronounce the judgement later as his plea had been opposed by the CBI.

You Behura file your written submissions to the contentions of the CBI, Justice Shali told Behura8217;s counsel,senior advocate Aman Lekhi.

Earlier in the day,Additional Solicitor General Mohan Parasaran had said the probe agency was not opposed to bail to the five and they could be released on the ground of parity as the Supreme Court has already given the same benefit to five other co-accused in the case.

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The ASG,however,opposed Behura8217;s bail plea saying the bail pleas of public servants require stricter scrutiny as they are the trustees of public property.

Kanimozhi and five others had moved the High Court on November 23 for advancing the hearing of their bail pleas,shortly after the Supreme Court granted bail to five corporate executives 8212; Unitech Limited MD Sanjay Chandra,Swan Telecom Director Vinod Goenka and Reliance Anil Dhirubhai Ambani Group executives Gautam Doshi,Hari Nair and Surendra Pipara.

Their bail pleas were earlier scheduled for hearing on December 1. Kanimozhi and five others had moved the apex court challenging the trial court8217;s November 3 order denying them bail.

The Supreme Court had granted bail to the five corporate honchos on condition that they would surrender their passports and would not go abroad without the court8217;s permission.

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It had further said the accused would have to appear before the Special CBI court on each hearing and have to take prior permission for not attending proceedings.

Meanwhile,the procedural delay that has kept Kanimozhi and the others in jail tonight was caused as the certified copy of the High Court8217;s order,required to be submitted along with bail bonds before Special CBI Judge O P Saini,could not be furnished within the working hours of the trial court.

The Special Judge waited in his chamber till 5.15 pm on the request of lawyers appearing for the accused but the order was not placed before him on time.

Kanimozhi8217;s counsel R Shunmugasundaram said they would furnish the bail bonds before the trial court tomorrow morning to get the release order. We will submit the bail bond tomorrow morning, he said.

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Former Telecom Minister A Raja,who is the main accused in the scam,has so far not approached any court for bail.

Other accused in the case include Raja8217;s former Private Secretary R K Chandolia and Swan Telecom promoter Shahid Usman Balwa.

Three telecom firms Reliance Telecom Ltd,Swan Telecom and Unitech Tamil Nadu Wireless Ltd too have been listed as accused in the CBI chargesheet in the case.

The CBI had chargesheeted 14 people in the scam,with Raja being the first to be arrested on February 2,along with Chandolia and Behura.

 

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