New Delhi: In a huge setback the Supreme Court on Tuesday refused to quash the charges framed against Kanimozhi Karunanidhi, MP, by the trial court in the ‘2G spectrum case’.
A three-judge Bench of Chief Justice H.L. Dattu and Justices A.K. Sikri and Rohinton Nariman, while dismissing the writ petitions filed by Ms Kanimozhi and another accused Shahid Balwa, praying for quashing the charges, took note of the submissions of special public prosecutor in 2G cases, Anand Grover that evidence was complete and 2/3rd of arguments in the trial are over. The CJI observed that at this belated stage we can’t entertain the petitions. It will be highly improper for us to look into the chargesheet at this stage, he said.
When senior counsel Amarendra Saran and Salman Khurshid submitted that the accused had been deprived of approaching the High Court against framing of charges and their right under Article 21 had been violated, the CJI said “we can only modify this court’s earlier order that no appeal will lie in the High Court against any order passed by the trial court.”
The SPP Anand Grover has submitted that evidence has been completed and arguments are partially completed. In view of these developments we modify the order by permitting the petitioners herein and also those similarly placed to approach the high court against the final order/judgment to be passed by the trial judge. All rights and contentions are left open.
Ms Kanimozhi said it was relevant to point out that the allegations made against her were all pertaining to the financial transactions of Kalaignar TV between December 2008 and August 2009, i.e. after more than 18 months from the date of her resignation as a Director the company. She said the prosecution documents itself would show that she had no role in its operations and particularly in relation to the transfer of funds of Rs 200 crores to Kalaignar TV nor its subsequent repayment.
Ms Kanimozhi said she was also not in any way a beneficiary of the loan transaction of Rs. 200 crores. The allegation of the CBI of her strong association with former Telecom Minister A. Raja, co-accused was mischievous and misleading as there was absolutely no evidence of her involvement in the conspiracy, she said and prayed for a direction to quash the charges framed against her in the 2G case.
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