In a huge setback, the Supreme Court Tuesday refused to quash charges against Kanimozhi, MP and daughter of former Tamil Nadu CM M. Karunanidhi, by the trial court in the 2G spectrum case.
In a huge setback, the Supreme Court Tuesday refused to quash charges against Kanimozhi, MP and daughter of former Tamil Nadu CM M. Karunanidhi, 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, dismissing the writ petitions by Ms Kanimozhi and another accused, Shahid Balwa, noted special public prosecutor Anand Grover’s submission that the evidence was complete and two-thirds of arguments were over. The CJI said it would be “highly improper for us to look into the chargesheet at this stage”.
‘Not inclined to entertain writ pleas in Kani case’ As senior counsel Amarendra Saran and Salman Khurshid submitted the accused had been deprived of approaching the high court against framing of charges and their rights under Article 21 were 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.”
In a brief order, the bench said: “We are not inclined to entertain the writ petitions. We intend to modify the orders dated February 10, 2011 and April 11, 2011 which said any order passed by the special judge will be a subject matter of appeal in this court. SPP Anand Grover submitted evidence has been completed and arguments are partially completed. In view of these we modify the order by permitting the petitioners and 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 against her were all pertaining to the financial transactions of Kalaignar TV between December 2008 and August 2009, after more than 18 months from the date of her resignation as a director of the company.
Ms Kanimozhi said the prosecution documents itself would show she had no role in its operations and particularly in relation to transfer of funds of Rs 200 crores to Kalaignar TV nor its subsequent repayment.
