Special CBI Judge OP Saini while framing charges said that there are allegations and evidence regarding transfer of the amount of Rs200 crore.
The theory of "corporate loan" advanced by the Swan Telecom to counter the charges of giving Rs200 crore as bribe to the Dravida Munnetra Kazhagam (DMK)-run Kalaignar TV in connection with the 2G spectrum scam was today brushed aside by a Delhi court which said the allegations are not "imaginary", "absurd" or "unfounded".
Special CBI Judge OP Saini while framing charges against DMK MP Kanimozhi, Kalaignar TV managing director Sharad Kumar and Swan Telecom in the 2G case, said that there are allegations and evidence regarding transfer of the amount of Rs200 crore.
"The allegations (of bribe of Rs200 crore) are not imaginary, absurd or unfounded and, as such, at this stage of the case, shall be taken at their face value. It is purely a question of fact and any observation at this stage may prejudice the parties," the court said.
It rejected the contention of the accused that no one would pay bribe after 16 months of obtaining favour in the form of Unified Access Services (UAS) Licences.
"I do not find any merit in the submissions of the accused, at this stage of the case, that the transaction may be treated as a transaction of loan without any taint of criminality," the judge said.
The court, in its order, noted that the accused persons had said the amount (Rs200 crore) went from Dynamix Realty Ltd to Kalaignar TV Pvt Ltd, first with a view to acquire stake, and when that proposition failed, it was decided to convert the amount into inter-corporate deposits. They had said that the same was done and the amount was duly returned subsequently.
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