LEGAL NEWS 28.03.2012

2G scam: HC notice to CBI on Kanimozhi’s plea

Indo-Asian News Service
New Delhi, March 27, 2012

The Delhi high court on Tuesday issued notice to the Central Bureau of Investigation (CBI) on a plea by DMK MP Kanimozhi to quash charges against her in the 2G spectrum allocation case.

Justice ML Mehta asked the CBI to file its response by May 10. DMK MP Kanimozhi March

23 had moved the high court seeking quashing of charges. Her petition said: “Set aside/quash the charges and also quash the chargesheet filed by the CBI and all the proceedings emanating thereunder.”

Kanimozhi, the daughter of DMK chief and former Tamil Nadu chief minister M Karunanidhi, was along with former telecom minister A Raja, charged with criminal conspiracy, criminal breach of trust, forgery, accepting a bribe and abetting bribery.

Senior lawyer Ram Jethmalani appearing for Kanimozhi said she had been falsely implicated in the matter and there was no evidence of record that could justify the charges against her.

“The impugned order framing charges against the petitioner is based on a completely wrong and misplaced understanding of the law of conspiracy,” the petition filed by the accused said.

“There is not even an allegation that a single penny of the alleged bribe money has gone towards the personal account of the petitioner or has in any manner benefited her on a personal level,” her petition said.

On Kanimozhi, the court had found evidence that the Rs200 crore received by DMK mouthpiece Kalaignar TV was a bribe from the Shahid Balwa-owned DB Realty in return for a 2G licence.

She claimed: “As per the CBI the alleged bribe money has been paid to Kalaignar TV between December 2008 and August 2009. During this phase, the status of the petitioner was only that of a shareholder of 20 percent equity of the company and nothing more.”

The petition further submitted that Kanimozhi has not taken part in any of the board meetings wherein decisions with respect to the alleged transaction were taken. Neither has she signed any of the agreements or documents pertaining to the same.

“The special judge has committed a grave error in law in framing a charge of 120B/420 IPC against the petitioner, as firstly, the decision not to auction 2G spectrum is based upon the TRAI recommendations dated Aug 28, 2007. And secondly, there is no evidence on record that the petitioner had anything to do with the same,” the petition stated.

Kanimozhi is accused of being the “active brain” behind Kalaignar TV and having been in “regular touch” with Raja.

The high court had Nov 28 last year granted bail to Kanimozhi who was named in the supplementary charge sheet filed April 25 as co-accused along with others.

HC to view video footage of Maval police firing incident

Published: Tuesday, Mar 27, 2012, 19:09 IST
Place: Mumbai | Agency: PTI

Bombay High Court will soon be viewing the video footage of the August 2011 Maval firing incident to ascertain if police were left with no other option but to open fire at the protesting farmers.

The agriculturists were protesting against the government’s decision to lay a closed pipeline to supply water from Pavna dam to the limits of Pimpri-Chinchwad municipal corporation in Pune district. The demonstrators had claimed that due to the closed pipeline they would be deprived of water for their crops.

A division bench of Justice PB Majmudar and Justice RD Dhanuka was hearing a bunch of public interest litigations seeking probe into the firing incident to be handed over to an independent agency.

The court had on the last hearing come down heavily on the Maval police for opening fire at the protestors resulting in the death of one farmer. “You (police) should have used tear gas shells and fired in the air instead of shooting at people directly,” the court had said.

However, the government on Tuesday informed the court that the police was left with no other option but to open fire.

Ashutosh Kumbhkoni, special counsel for the government, urged the court to see the half-hour video of the incident stating that the police had given sufficient warning to the agitators before firing.

“Instructions of the manual were followed (before firing)… The court must see the video footage. Sitting in air-conditioned court room, one ca

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