Wednesday, 26 October 2011

Kanimozhi….. The sacrificial lamb?

With the DMK boasting about fighting Kanimozhi’s case legally, it appears that the 200 crore rupees received on behalf of Kalaignar TV by Kanimozhi is the only evidence unearthed by the CBI to prove the charges under the Prevention of Corruption Act against all the accused in the 2G scam.

To the charges of the accused that there is no evidence for payment of bribe to any of the accused, the CBI relies only on the 200 crore transaction to Kalingar TV.   Special Judge O.P.Saini, in his 24th October order observed that “It is fairly conceded by Ld. Special PP that there is no evidence on record that any bribe or illegal consideration was paid by M/s Unitech Wireless (Tamil Nadu) Limited to anyone for securing UAS Licenses. However, he has emphasized in great detail that Rs. 200 crore were paid as bribe, in consideration of grant of UASL licenses to M/s Swan Telecom (P) Limited by accused A. Raja, and that bribe went from M/s Dynamix Realty Limited, a firm of Dynamix Balwa Group to M/s Kalaignar TV (P) Limited, in which accused Sharad Kumar and Ms. Kanimozhi Karunanithi, are stake holders and this bribe was routed through another group company of Dynamix Balwa, that is, M/s Kusegaon Fruits & Vegetables (P) Limited.”

Both the CBI and the Special Judge are not willing to buy the arguments of the accused that the amount paid to Kalaignar TV was a genuine business loan. In fact, the statement of Kanimozhi’s close relative P.Amirtham, has landed Kanimozhi into trouble…perhaps the last nail in the coffin.

2G special court Judge O.P.Saini, negating the contention of the accused observed that “As per PW 127 Sh. G. Rajendran and PW 132 P.Amritham, she was Director from 06.06.2007 to 20.06.2007 and was holding 20% of the equity. PW 127 Sh. G. Rajendran has stated that shares subscription and share holder’s agreement dated 19.12.2008 was executed between M/s Cineyug Films (P) Limited and Kalaignar TV (P) Limited, and its three promoters namely, M. K. Dayalu, Kanimozhi Karunanithi and Sharad Kumar and was signed by Sharad Kumar on behalf of all three promoters. He further states that agreement to pledge, executed between Kalaignar TV and Cineyug Films (P) Limited was also signed by Sharad Kumar on behalf of Ms. Dayalu Amal and Kanimozhi Karunanithi. He further states that the meeting of board of directors of M/s Kalaignar TV (P) Limited held on 13.02.2009, in which Sharad Kumar was authorized to raise funds from Cineyug (P) Limited up to Rs. 200 crore was attended by Sharad Kumar and Kanimozhi Karunanithi.”

Aseervatham Achari, a telecom employee and A Raja’s secretary…he was closely associated with A.Raja and had also played a vital role in nailing Kanimozhi.   Achari had deposed to the CBI that “Ms.Kanimozhi was also an active brain behind M/s Kalaignar TV who was also widely covered by the Kalaignar Seithigal channel (news channel). She had frequent visits to the camp office of A. Raja and once visited his Electronics Niketan office also. Some of the visits/ discussions were in connection with the pending works of Kalaignar TV also. A.Raja also used to visit her residence at South Avenue in New Delhi frequently. She is very close to A. Raja regarding the political work relating to DMK.”

O.P.Saini is also under the impression that even if this amount is taken as a loan / inter-corporate deposit, that too would amount to an offence of a public servant obtaining a valuable thing for a consideration, which is an offence under the Prevention of Corruption Act.

From a bare reading of the charge sheet it becomes clear that CBI had built its entire case on the 200 crore loan obtained by Kalaignar TV for which Kanimozhi is held squarely responsible. The first charge sheet and the additional charge sheet have been clubbed together and the “so called” loan to Kalaignar TV forms the fulcrum of the CBI’s  case.

Kanimozhi obviously would not have joined the Board of Kalaignar TV or taken any decision involving crores of rupees without the knowledge and consent of her half-brothers MK.Alagiri or Stalin or the DMK patriarch Karunanidhi.   Well, It appears to be a lose-lose situation for Kanimozhi.  If she says she acted on the advice of any of her family members she would be doomed and if she keeps quiet also she will be the one who has to face the music.  In simple terms it’s a catch 22 situation for Kanimozhi. 

But except the DMK patriarch, Kani’s siblings are not only keeping quiet but also distancing themselves from the entire 2G mess. Both DMK’s rising SON M K Stalin and the Southern Strongman M K Alagiri are just tight lipped on the issue of 2G scam…it has been ages since they made any comments on Kanimozhi’s detention...Both M K Stalin and M K Alagiri blatantly avoid any comments on Kanimozhi or the 2G scam…this even if they are surrounded and questioned by the media. In fact, in the entire DMK’s first family….Maran brothers are gleeful of Kani’s discomfiture.  The initial impression created by the DMK leaders that the CBI’s case against Kanimozhi is WEAK appears to be far from truth.

The DMK’s rhetoric that they would fight the case against Kanimozhi legally, appear to be nothing but wishful thinking given the fact that the entire 2G scam case built by the CBI’s revolves only around Karunanidhi’s favorite daughter “Kanimozhi”.

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