New Delhi: DMK MP Kanimozhi on Tuesday argued in a Delhi court that there was no "iota of evidence" against her regarding the alleged "parking" of Rs 200 crore in Kalaignar TV and Enforcement Directorate (ED) has chargesheeted her only on the basis of "sketchy material".
Arguing on framing of charges and on the bail plea moved by Kanimozhi, senior advocate Rebecca John, who appeared for her, contended the DMK MP was not linked in any manner with the alleged transaction of Rs 200 crore from DB group company to DMK-run Kalaignar TV.
"On these very, very sketchy material, ED has now turned this into a grand allegation against her as if she had done some extraordinary thing....Not an iota of evidence is there which will even prima facie show that Kanimozhi had anything to do with the parking of Rs 200 crore in KTV," John told Special CBI Judge O P Saini.
ED had filed a charge sheet against 19 accused, including Kanimozhi and former Telecom Minister A Raja, claiming that the transaction of Rs 200 crore, which was allegedly paid to Kalaignar TV, was "not genuine" and it was a "bribe for grant of telecom licences to DB Group companies".
During the arguments, John said Kanimozhi has been made an accused in the case merely because she used to regularly visit Raja's office and was a promoter director of Kalaignar TV for just 13 days.
"Kanimozhi has resigned from the post of promoter director of Kalaignar TV after she was elected to Rajya Sabha. The decisions taken in board meetings of the company during her stint as promoter director were purely concerning the company and does not prove any illegality," she contended.
John further argued that post resignation, she was just a minority shareholder of the company and had no say in company matters.
"Kanimozhi never visited the company after she resigned from her post....The allegation by prosecution that she was active brain behind the operations of Kalaignar TV is totally baseless. No criminality is made out if Kanimozhi and Raja meet each other being MPs from DMK party," she contended while seeking bail for her client.
During the arguments, advocate Vijay Aggarwal, appearing for Swan Telecom promoter Shahid Usman Balwa and Directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Aggarwal, who are accused in the case, raised questions over the legality of investigation being carried out by ED.
"They have not filed the copy of the FIR before the court in 24 hours as per the provisions of CrPC nor have they filed the police diary and yet the agency claims to be an investigative agency," he said.
Aggarwal further argued that the accused have been booked by ED under relevant provisions of the Prevention of Money Laundering Act (PMLA) which were incorporated after amendment in 2013 while the offence alleged against the accused was of 2008-2009.
"How can a person be booked for charges retrospectively"? he contended while seeking bail for his clients.
He also said CBI had made DMK supremo M Karunanidhi's wife Dayalu Ammal and P Amirtham as witnesses in their case while ED had arraigned both of them as accused now.
Aggarwal also argued PMLA only deals with the proceeds of money acquired by illegal means while no wrongdoing was done when the 2G licences were granted and charges of money laundering could not be made out.
The court has fixed the matter for tomorrow for further arguments on the bail pleas as well as framing of charges.
A Raja rejects ED charge against Stalin
Former Union Minister and prime accused in the 2G case A Raja today termed as 'cooked up story' the charge sheet filed by Enforcement Directorate referring to the alleged role of DMK Treasurer M K Stalin in the scam.
Speaking to reporters at the airport here, Raja referred to the chargesheet which mentioned a meeting between Stalin and Swan Telecom Pvt Ltd promoter Shahid Usman Balwa and said, "No such meeting took place between Stalin and Balwa at no point of time. It is a cooked up story. It is a story created by the ED."
Defending his leader, Raja alleged "It is a clear political attempt to tarnish the image of my leader Stalin."
To a query on who was making the political attempt, he said, "the party who was in power."
When asked whether it was Congress, he said, "Yes."
There were reports in a section of the press that based on the statements of Raja's close associate and business partner Sadhick Batcha recorded by it, the ED in its chargesheet, has mentioned a meeting between Stalin and Balwa.
Raja also wondered why the ED was now coming up with such a claim about Stalin's meeting with Balwa.
He further contended that the statements were not valid since Batcha is no more.
