2G scam: Kanimozhi,5 others see hope after first bails in case

Apart from Kanimozhi,others who have pleaded for bail are former Telecom Secretary Siddhartha Behura,DMK-run Kalaignar TV MD Sharad Kumar and Bollywood filmmaker Karim Morani,Asif Balwa and Rajiv Agarwal,directors of Kusegaon Fruits and Vegetables Pvt Ltd.

The accused had moved High Court challenging the November 3 order of the special court denying them bail. In her bail plea,Kanimozhi’s counsel senior advocate Altaf Ahmed had contended the trial court has ignored the CBI’s willingness to allow bail to the five accused – Kanimozhi,Kumar,Asif,Rajiv and Morani.

He had pointed out the apex court,while denying her bail,had granted her the liberty to move the trial court for it after framing of charges.

The senior counsel had also reiterated that Kanimozhi was not a direct beneficiary of the alleged scam and the Rs 200 crore transaction from Shahid Balwa’s DB Group to DMK-run Kalaignar TV was a valid “inter-corporate deposit”. DMK supremo Karunanidhi’s daughter Kanimozhi has been in Tihar Jail since her arrest on May 20.

Others hopeful for Raja

The Supreme Court’s order granting bail to five top corporate executives allegedly involved in the 2G spectrum allocation scam has bolstered the hopes of former minister A Raja,DMK MP Kanimozhi and other accused for getting a similar relief.

Ram Jethmalani,senior advocate for Unitech Limited MD Sanjay Chandra,said,“It has something to do with the correct legal position being actually postulated in the order by the Supreme Court.”

“According to me,the judgement of the courts below showed that the bil jurisprudence had actually been totally distorted out of shape,” he said,adding: “The government has lost its credibility.”

DMK leader T R Baalu said there was “good hope” now for the other accused.

Senior criminal lawyer Majeed Memon,who is representing Swan Telecom Director Vinod Goenka in the case,said that the apex court has “laid a foundation” in favour of bails in the case. Memon said the bail to his client and others was “overdue”.

“Today’s order,in my humble view,was overdue. However,we welcome the approach of the Supreme Court towards grant of bail to the accused which is in keeping with the cardinal principle of jurisprudence of presumption of innocence,” Memon said.

“Personal liberty and right to bail are fundamental mandate of the Constitution of India. The accused cannot be withheld in custody by way of punishment. In this case,since there was a lot of adverse publicity,the accused were under immense embarrassment which was most unfair and undeserved,” Memom said.

“Now that the Supreme Court has laid a foundation in favour of grants of bail in this case it would be followed by all the relevant courts hereinafter,” he said while reacting to today’s order of the apex court.

NCP MP Supriya Sule said,“Now that these people have got bail,I am sure she (Kanimozhi) will also get justice… I have full faith in this system and in the honourable SC system.”

A Bench comprising justices G S Singhvi and H L Dattu directed the release of five corporate honchos — Unitech Limited MD Sanjay Chandra,Swan Telecom Director Vinod Goenka and Reliance Anil Dhirubhai Ambani group executives Hari Nair,Gautam Doshi and Surendra Pipara.