2G: Kanimozhi moves Delhi High Court, seeks quashing of charges
New Delhi: DMK MP Kanimozhi on Friday moved the Delhi High Court seeking quashing of the charges against her in the 2G spectrum allocation scam, claiming she has been falsely implicated in the case.
Kanimozhi, who is facing trial, sought discharge from case contending that there was no evidence on record to justify the charges of receiving alleged bribe money.
"Petitioner (Kanimozhi) has been falsely implicated in the matter and there is no evidence on record which can justify the charges against the petitioner," the Rajya Sabha MP said in her petition.
The 44-year-old leader, who was granted bail after spending over six months in Tihar Jail, also sought setting aside of all proceedings that has ensued after framing of charges.
She challenged the trial court's order framing charges against her by contending that it was based on "wrong and misplaced understanding of the law on conspiracy."
Special CBI judge O P Saini, on October 22 last year, had framed charges against former Telecom Minister A Raja, Kanimozhi and 15 others for various offences including criminal breach of trust that entails a maximum punishment of life term.
All the accused were charged under various provisions of the IPC and the Prevention of Corruption Act for alleged criminal conspiracy, cheating, forgery, faking documents, abusing official position, getting bribe and criminal misconduct by public servant.
The offences entail punishment ranging from six months in jail to life imprisonment.
Kanimozhi claimed that she was not aware of the events between October 2007 to January 2008 and said "in absence of such knowledge it is unthinkable that the petitioner had agreed to be part of conspiracy."
She further said that there was no allegation that alleged bribe money reached her or in any manner has benefited her.
"No allegation that a single penny of the alleged bribe money has gone to personal account of the petitioner or has in any manner benefited her on a personal level," she said in her petition.
It said that the order of trial court framing charges under Sections 120B/409 was unfounded as the decision not to auction 2G spectrum is based on TRAI's recommendation and she has nothing to do with the same.
"The trial court judge has committed a grave error in framing charges of 120B and 409 of the IPC against the petitioner as the decision not to auction 2G spectrum is based on TRAI recommendation of August 28, 2007 and there is no evidence on record that the petitioner had anything to do with the same," the petition said.
The court's order said that Kanimozhi was "an active brain" behind the operation Kalaignar TV and was "in regular touch" with Raja to serve the cause of party-run TV.
CBI, in its charge sheet, has alleged that Rs 200 crore was paid as bribe to Kalaignar TV in lieu of grant of UAS licence to Swan Telecom.