New Delhi, May 7: Keeping the suspense on, a Delhi special court today reserved orders on DMK MP Kanimozhi's bail plea after the CBI strongly opposed it saying she is "controlling everything" in Kalaignar TV, which got Rs 200 crore from Dynamix Balwa group, from behind the scene.
Special Judge O P Saini said the order on bail pleas of Kanimozhi and Kalaignar TV MD Sharad Kumar will be pronounced on May 14, a day after the results for the Assembly elections will be out.
Special public prosecutor U U Lalit, appearing for CBI, vehemently opposed her plea, saying "the controlling mind of Kalaignar TV is Sharad Kumar but behind the scene the person who is controlling everything in Kalaignar TV is this lady (Kanimozhi)."
Appearing yesterday in response to the special court's summons for his alleged role in the 2G spectrum allocation scam, the 43-year-old daughter of Tamil Nadu Chief Minister M Karunanidhi had pleaded for bail and sought it on grounds of being a woman and a MP.
She also sought to shift the blame on former Telecom Minister A Raja for the 2G spectrum allocation scam.
Kalaignar TV MD Sharad Kumar too had appeared along with her and had moved court for bail.
The CBI told Special Judge Saini that Kanimozhi and her family have got majority stake in the TV channel, which received Rs 200 crore from the company which got telecom license and spectrum illegally during the tenure of Raja.
The CBI contended that there was sufficient evidence to prove Kanimozhi's complicity in the transaction of Rs 200 crore paid by Balwa.
"Kanimozhi and Sharad Kumar's complicity in the entire transaction of Rs 200 crore is clearly made out," Lalit said while pleading with the court that no lenient approach be shown to them and that they be sent to judicial custody like other accused in the case.
The investigating agency further submitted that the DMK family holds 80 per cent stake in the TV and all the decision regarding financial transaction must be known to them.
It said that DMK Chief Karunanidhi's wife Dayalu Ammal holds 60 per cent stake in the company but she is not actively involved in its running which is done by Kanimozhi and Sharad Kumar.
"If a family holds 80 per cent share in a company, it is impossible to think that anyone other than members of that family could run the company," Lalit said.
The court had yesterday ordered status quo vis-a-vis Kanimozhi and Sharad Kumar's personal liberty, implying that they will not be taken into custody unless the court rejects their bail pleas on May 14 and orders their arrest. Meanwhile, the duo will have to continue appearing in the court daily for scrutiny of various documents, including the CBI charge sheet, statements of witnesses and other documents that the CBI will be handing to the accused. Regarding Kanimozhi, Lalit said, “She was in regular touch with Raja.
“The charge sheet attributes certain facets of individual acts by Kanimozhi. It is a fact that she was the brain behind the company (Kalaignar TV),” Lalit said. Opposing bail pleas of both Kanimozhi and Sharad Kumar, Special Public Prosecutor Lalit said the money, which was paid to Kalaignar TV, travelled through Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd which were “shell companies”.
Detailing the duo's role in the conspiracy, Lalit said that it was they who took the decisions in the Kalaignar TV. He pointed out that no agreements were executed between these companies despite the fact that there was a transaction of a huge amount of money to the tune of Rs 200 crore.
“Transferring such a huge amount of money without any agreement creates suspicion,” Lalit said. “It is impossible to believe that money of Rs 200 crore will be given to one entity from another entity without any security or agreement executed between them,” Lalit said. He said Dynamix Realty, Kusegaon Fruits and Vegetables Pvt Ltd and even the Cineyug Films Pvt Ltd were controlled by Shahid Usman Balwa, who is one of the beneficiaries of spectrum allocation.
He further said that after media reports relating to the investigations in 2G scam surfaced, the accused decided to return the money to Dynamix Realty through the same route through which the money had travelled to the Kalaignar TV. “It is impossible to believe that it was a genuine transaction. These transactions are absolutely suspicious,” Lalit said.
Detailing the roles of Asif Balwa and Rajeev Agarwal, who are directors of Balwa group firm Kusegaon Fruits and Vegetables Pvt Ltd and Karim Morani, who is Director of another group firm Cineyug Films Pvt Ltd, Lalit said they were also responsible for the money trail.
“It is not only Kanimozhi and Sharad Kumar but Rajeev and Asif are also responsible along with Morani, who are responsible for creating this money trail and then creating false record,” Lalit said.
While concluding his arguments, Lalit said the roles attributable to Sharad Kumar and Kanimozhi are absolutely clear and their complicity in the entire transaction is clearly made out.
Lalit pleaded that no lenient approach be shown to them and they should also be sent to judicial custody like other accused in the case.
Noted criminal lawyer Ram Jethmalani, appearing for Kanimozhi, had yesterday refuted all the allegation levelled against her and passed the blame for the scandal to former Telecom Minister A Raja, who is also a party leader. Jethmalani also pleaded with the judge to grant her bail on the ground that she was a woman.
“My misfortune is that I am Karunanidhi's daughter and an MP. I have 20 per cent shares in Kalaignar TV. Show me one overt act of mine which relates to the offence,” Kanimozhi had submitted.
She had contended that apart from having 20 per cent shares in Kalaignar TV, she does not have any role in running its day-to-day affairs.
Later in the afternoon, the court dismissed Kanimozhi's plea seeking exemption from personal appearance before it on personal grounds.
Kanimozhi, daughter of Tamil Nadu Chief Minister M Karunanidhi, had expressed difficulty in appearing before the court on May 9 and 10.
Special CBI Judge O P Saini refused to grant any relief to the 43-year-old MP and directed her to remain present in the court on Monday.
The court also rejected a similar plea of Sharad Kumar, MD and CEO of Kalaignar TV. PTI