Kanimozhi’s bail plea rejected by Supreme Court on technical grounds

Kanimozhi’s bail plea application before the Supreme Court has been rejected. She has been asked to re-apply for bail after charges are framed against her in the trail court at Patiala House — the trial court.

The move means that Kanimozhi may spend quite a few days more in jail as she awaits charges to be framed against her.

The framing of charges is done by the Court based on the preliminary hearings that are taking place now. The CBI has already filed its charge-sheet and the Court will now examine whether the charges stand up the scrutiny of law or not.

Often the Courts frame charges in a matter of days after the case is taken up and arguments are started.

Kanimozhi’s main argument in the case has been that she is a woman and the primary care-giver to a 10-year-old child.

On Legal grounds, she has argued that since she holds only 20% of the equity of Kalaignar TV — started after the fight between the Marans (of Sun TV) and Karunanidhi) — she cannot be held responsible for its actions. Under the law, minority shareholders are not assumed to be in the knowledge about everything that their company does, she argued.

Kanimozhi’s bail has been previously rejected by the Delhi High Court as well as by the Court actually trying her for the alleged conspiracy and corruption at the Patiala House in Delhi. Both Courts dismissed her appeals pointing out that the allegations are too serious and keeping in mind the possibility that she may influence witnesses, if let out.

Exactly a week ago, a vacation bench of the Supreme Court of India has adjourned to Monday Karunanidhi’s daughter Kanimozhi in the 2G scam case.

During the first hearing of the bail plea by a vacation bench a week ago, the Supreme Court asked the CBI to submit exact details “in black and white” on the extent of loss caused by the 2G scam and on what happened to the Rs 200 crore that Kanimozhi is alleged to have taken as a kick back.

The Supreme Court had wanted the replies in writing and was not satisfied with oral submissions by the CBI counsel. The stand-in counsel for the CBI was not able to answer all the questions posed by the Supreme Court, prompting the bench to ask for a clear, written filing by Friday.

Kanimozhi is one of the alleged conspirators in a scam involving the rigging of India’s grant of telecom licenses — a scandal expected to have caused a loss of Rs 50,000 crore to the Indian people. Many officials of the companies that got licenses in the allegedly rigged allocation are also in the Tihar jail, as trial goes on in the Patiala House courts.

The case was in the news over the weekend as it became known that the two Judges supposed to hear the bail plea had withdrawn from doing so, approaching the Chief Justice for the case to re-assigned.

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