Thanks to the CBI which did not oppose the bail application of Kanimozhi on the 2 G scam case,Kanimozhi who along with Raja was kept in custody under various sections including section 409,which attracts severe jail term, was granted bail today.
That the CBI will not oppose the bail application of Kanimozhi was anticipated.Please read my blog on this .
What is surprising is the fact that the Special Court sought an assurance from the CBI that it would not treat the different accused differently charged under for the 2G scam(taking note of media reports that the CBI will not object to the bail plea of Kanimozhi)
and now the High Court seems to have brushed aside this point.
Also the Special Court observed that the accused ‘was an influential person and an MP and as such the consideration of being a woman will not apply in this case’
Now HC has ignored this as well stating that she is’ private person’
If Kanimozhi is a Private person,Kalmadi of CWG scam does not even exist!
The court had sought a clarification from the Central Bureau of Investigation (CBI) and the defence on Section 409 (criminal breach of trust) of the IPC saying the Supreme Court judgement granting bail to five corporate executives was silent on a charge that attracts maximum punishment of life term in the case.
Justice VK Shali heard the day-long arguments on the bail applications of Kanimozhi, Kalaignar TV chief Sharad Kumar, Cineyug Films’ Karim Morani, Kusegaon Fruits and Vegetables Pvt Ltd directors Asif Balwa and Rajiv B Agarwal and former telecom secretary Siddharth Behura.
“The Supreme Court judgement does not mention Section 409. I am not saying that the apex court was ignorant of the fact but it is silent on the issue,” said Justice Shali.
“The day the order (on bail) was passed, charges were crystallised in the trial court and it cannot be said that this fact was not known to the Hon’ble Supreme Court.”
Justice Shali referred to the judgement of the Supreme Court in the case and said it talked about maximum sentence of seven years which could be awarded to accused (corporate accused) if they are convicted.
Responding to the query of the judge, senior advocate Altaf Ahmed, who appeared for Kanimozhi, said the apex court was aware of charges framed also under Section 409 of the IPC and its order is binding on all courts.
Meanwhile, the CBI did not oppose the bail pleas of Kanimozhi and four others saying they were private persons.
However, it opposed Behura’s plea saying being a public servant he misused his position.
Related articles
- 2G Scam: CBI to Oppose Bail to Corporate Honchos in Supreme Court (ktrmurali.wordpress.com)
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