New Delhi:
Kanimozhi will have to spend Diwali in jail, but a week after that, she may be able to leave Tihar Jail, nearly six months after she was arrested for her alleged role in the telecom scam.
The CBI has said in court today that it does not oppose bail for "No 13 to 17 accused in the telecom scam." Kanimzohi is no 17. The others in this group include Sharad Kumar who is the Managing Director of a TV channel co-owned by Kanimozhi, Karim Morani, Asif Balwa, Rajeev Aggarwal. All of them have been arrested for allegedly helping former telecom minister A Raja receive a massive kickback from Swan Telecom, one of the companies that will stand trial for criminal conspiracy.
Judge OP Saini who heads the special court handling the telecom trial has said he will decide on November 3 whether to grant bail to Kanimozhi and the others shortlisted today.
The trial of 14 individuals and three companies accused of drafting and executing the telecom scam will begin on November 11.
On Saturday, Judge Saini accepted all the charges leveled against them by the CBI, including criminal breach of trust and criminal conspiracy. While his daughter was receiving this news, M Karunanidhi, who is the head of the DMK, met with Sonia Gandhi and the Prime Minister.
The DMK is a crucial party in the UPA government at the centre. The timing of the meetings underscored Mr Karunanidhi's frequently-expressed concern for his daughter's well-being in jail, and his belief that she is being unfairly treated by the CBI.
Kanimozhi was arrested on May 20. The Rajya Sabha MP's lawyers concluded their arguments this morning, saying that since the CBI has completed its investigation against her, she should be granted bail, because she is a woman and has a young son to look after.
Her lawyer Altaf Ahmad also said in court, "In your last order, you commented on her dignified conduct. She has justified your comment in the course of the case." He added that there is no legitimate concern that Kanimozhi will try to influence witnesses.
The DMK chief's daughter was denied bail by Judge Saini's court, the High Court and the Supreme Court through the five months that she has been in prison. But the Supreme Court had given her the liberty to approach the trial court for bail after charges had been framed in the case.
Judge Saini heard the bail applications for seven people today. The CBI opposed the bail application for RK Chandolia, who worked as Mr Raja's personal secretary, and Shahid Balwa, who owns Swan Telecom.
Of the 14 people accused, only Mr Raja has not applied for bail. He says he wants to demolish the CBI's case against him in court, and then emerge vindicated. The CBI has accused him of criminal breach of trust by a public servant - which comes with a maximum sentence of life imprisonment. Former Telecom Secretary Siddharth Behura has been accused of the same. The others- including Kanimozhi, and some of the country's most well-known telecom executives - will be tried for criminal conspiracy and cheating.
In Kanimozhi's case, the CBI believes that a TV channel named Kalaignar, which is partly-owned by her, became the resting place for a 214-crore bribe for Mr Raja. The money was allegedly sent by Swan Telecom, which got a mobile network license out of turn. Her lawyers say that the money was a loan that was returned with interest, and that the MP's role in the channel was a small one. As a minority shareholder, they say, she holds 20 per cent equity, and was a Director for two weeks in 2007 before she resigned.
The telecom scam was allegedly webbed, according to the CBI, in 2008 by Mr Raja when he was Telecom Minister. He ignored advice, including from the Prime Minister, to auction second-generation or 2G spectrum. Instead, he allotted licenses and accompanying second-generation or 2G spectrum on a first-come-first-serve basis that was twisted to help companies Mr Raja allegedly conspired with.
The minister had set a deadline for filing applications in September 2008; in January 2010, he made a last-minute announcement that licenses would be given to those who filed their "Letters of Intent" first. The deadline for filing these documents and cheques was within hours of Mr Raja's revision of rules. A few companies like Swan and Unitech were ready with their cheques - the CBI believes they had been tipped off by the minister. And amid a fair amount of chaos, 122 licenses were issued to nine companies at a cost of Rs. 1600 crores each.
The 14 people who will stand trial in the case are Former Telecom Minister A Raja; Former Telecom Secretary Siddharth Behura; Former Personal Secretary to A Raja RK Chandolia; Group MD, Reliance- ADAG, Gautam Doshi; Senior Vice President, Reliance- ADAG, Surendra Pipara; Senior Vice President, Reliance- ADAG, Hari Nair; Former MD, Unitech Wireless Sanjay Chandra; Promoter of DB Realty and Swan Telecom Shahid Balwa, Promoter and MD, DB Realty and Swan Telecom Vinod Goenka; MD, Kalaignar TV Sharath Kumar, DMK chief M Karunanidhi's daughter and Rajya Sabha MP Kanimozhi; Director, Kusegaon Fruits and Vegetables Rajeev Agarwal; Director, Kusegaon Fruits and Vegetables Asif Balwa; Promoter of Cineyug Films Karim Morani.
Apart from these individuals, three companies - Reliance Telecom, Unitech Wireless and Swan Telecom - are charged in the case, taking the number of accused to 17.