DMK MP Kanimozhi and Kalaignar TV CEO Sharad Kumar on Thursday told a Delhi court that they cannot be charged with criminal breach of trust as the CBI did not attribute any role to them in allocation of licences for the 2G spectrum and they were not among the beneficiaries of the “property”.
“They (Ms Kanimozhi and Mr Kumar) are not allottees of the licences for 2G spectrum. Section 409 (criminal breach of trust by a public servant) of the IPC cannot be used against them as neither they are public servants nor played any role in the spectrum allocation,” senior advocate Altaf Ahmed told special CBI Judge O.P. Sani.
Ms Kanimozhi, who is in jail since May 20 after her bail plea was dismissed in the case, said the chargesheet “did not contain a word” that she conspired or played a role in alleged “dishonest disposal” of public property (spectrum). She said there is no “foundational link” to support the charge of conspiracy against her.
“Other lawyers have already argued that spectrum was not the property which can be disposed off and it cannot be entrusted to others. My case is that I was not involved at all,” Mr Ahmed said. The CBI has sought framing of char-ges of criminal breach of trust against former communications minister A. Raja and others. If convicted, they may face life imprisonment as maximum penalty.
It also sought to try rest 14 accused, including Ms Kanimozhi under same penal provision by making them a party to conspiracy allegedly hatched by Mr Raja and two other public servants.
The defence lawyer referred to statements of witnessessaying “they have said that Ms Kanimozhi was a founder director in Kalaignar TV and used to take keen interest in the company. They did not say that she took interest in spectrum.” Discussing the role of Sharad Kumar, the lawyer said he used to take decisions for the channel with the approval of the board of directors but had no role in grant of licenses.
Senior advocate Siddh-arth Luthra started his arguments by saying “I have no comments on the allotment of spectrum.”