Putting an end to all speculation and further tightening the net around DMK MP Kanimozhi and seven other accused in the 2G spectrum scam case, a Delhi court dismissed their bail pleas on Thursday.
The court also dismissed bail pleas by former telecom secretary Siddharth Behura, former minister A. Raja’s erstwhile private secretary R.K. Chandolia and Swan Telecom promoter Shahid Usman Balwa.
On whether there was any change in the facts of the case beneficial to the accused after framing of charges, as stated by the defence counsels, the judge said, “I find that after framing of chargem case has crystallised against the accused persons in clear terms. Furthermore, a more serious section 409 IPC has ben added.”
The accused have been in the jail for last five to nine months. Kanimozhi had been in jail since May 20.
The court said the 2G case is of grave magnitude resulting in huge pecuniary benefits to the two accused telecom firms — Swan Telecom and Unitech Wireless (Tamil Nadu) Pvt Ltd — due to the criminal misconduct, breach of trust and other offences committed by the accused.
The court, in its 76-page order, also rejected pleas by Kaninmozhi’s counsel for bail on the ground of being a woman as prescribed under Section 437 of the CrPC.
The judge said the provision of Section 437 of the CrPC give benefit to a woman for the reason that they are generally considered weak and exploited, both socially and economically, and as such, requires some extra protection, but Kanimozhi, being an MP, belongs to upper echelons of the society.
“Accused Kanimozhi Karunanithi belongs to upper echelons of society and is also a Member of Parliament. By no stretch of imagination, she can be said to be suffering from any discrimination on the ground of being a woman,” he said.
Regarding the contentions of the defence counsel that they should be granted bail as there was no apprehension of their influencing the witnesses or tampering with the evidences, the court said this is a case of “unprecedented nature.”