The duo said they were not related in any way to the alleged dishonest disposal of the valuable spectrum.
Jailed DMK MP Kanimozhi and Kalaignar TV chief Sharad Kumar on Saturday informed the special CBI court, that they cannot be prosecuted for criminal breach of trust and criminal conspiracy in the 2G spectrum allocation scam as they were not related in any way to the alleged dishonest disposal of the valuable spectrum.
In their written reply to the CBI’s fresh plea, who sought the nod of the trial court to frame fresh charges against the 17 accused, including former telecom minister A Raja, Kanimozhi and Kumar said that the court may be pleased to dismiss the application filed under section 240 (framing of charge) CrPC and render justice.
Advocate VG Pragasam and SJ Aristotle counsel for the duo submitted their reply before the CBI special judge OP Saini saying: “It is pertinent to mention that Kanimozhi and Kumar have nothing to do with the allocation of spectrum nor in any way the beneficiary of the spectrum licences so allocated. That even as per CBI, these two accused were not part of the conspiracy relating to allocation of spectrum.”
“The offence punishable under Section 409 and 120B of IPC in as much as they were not related in any way to the alleged dishonest disposal of the valuable spectrum illegally in violation of the existing policies and eligibility criterion in order to confer wrongful gain to the corporate officials,” stated their replies.
Last week, special public prosecutor UU Lalit informed the court that a case of framing of charges for criminal breach of trust under section 409 of the Indian Penal Code (IPC) was certainly made out against Raja, Chandolia and Behura.
CBI also pressed for charges of criminal breach read with criminal conspiracy against the remaining 14 co-accused in the 2G scam, including Raja’s party colleague and DMK MP Kanimozhi.
Meanwhile, the court slated the bail pleas of both Kanimozhi and Sharad Kumar for October 17.
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