Is judge bound by CBI concession for Kanimozhi, asks Delhi High Court

Uncertainty continued over the release of DMK MP Kanimozhi and four others on bail in the 2G case with the Delhi High Court making it clear that it is not bound by CBI's "concession" of not opposing their plea.

The CBI stood by its stand of not opposing the grant of bail to Kanimozhi, and others on a query by Justice VK Shali, saying there was no change in the stand taken by it before the trial court.

"Is the judge bound by the concession by the CBI? The court is under obligation to assess all the parameters against you," the judge said as the counsel of the accused contended that the trial court had completely disregarded the CBI's stand.

The judge issued notices to the CBI seeking its formal replies by December 1, the next date of hearing.

"We reiterate the stand taken before the trial court. There is no deviation from that," Additional Solicitor General Mohan Parasaran said as Justice Shali asked him if there is any change in the CBI's stand on the bail pleas before the trial court.

Kanimozhi, DMK supremo M Karunanidhi's daughter, has been in Tihar Jail since her arrest on May 20.

The five, including DMK-run Kalaignar TV MD Sharad Kumar, Kusegaon Fruits and Vegetables Pvt Ltd directors Asif Balwa and Rajeev Agarwal and Bollywood producer Karim Morani, have moved the high court for bail challenging the trial court's November 3 order denying them the relief.

The judge also refused to grant interim bail to Morani who had asked for it on health grounds.

Justice Shali also asked the defence counsel if the high court could hear the matter when the Supreme Court is seized of the issue of CBI's 'no objection' to grant of bail to the five accused.

To the judge's query, the defence counsel pointed out that the apex court had only made a query on the difference between the CBI's stand of 'no objection' to bail pleas of the five accused and its opposition to others' plea for the same relief.

The judge directed the Tihar jail authorities to furnish on December 1, the latest medical report of filmmaker Morani, whose counsel Sidharth Luthra cited his ill-health as one of the grounds for bail to him. The judge also sought a list of witnesses against Morani.

Before seeking Morani's medical report, the judge wondered "Why everybody falls sick once he is in custody?"

Senior counsel Altaf Ahmed, appearing for Kanimozhi, pointed out that the apex court earlier, while denying her the bail, had granted her liberty to move the trial court for it after framing of charges.

"Charges have been framed now. I am entitled to bail now as there is a change in circumstance," Ahmed said.

He added that Kanimozhi was not a direct beneficiary of the alleged scam and the transaction of Rs200 crore from Shahid Balwa's DB Group to DMK-run Kalaignar TV was a valid "inter-corporate deposit".

"I am not a direct beneficiary and the transaction which CBI alleges as bribe money is nothing but loan which was transacted through the banking channel and taxes, including TDS, were paid. It was not an offence," he said.

The counsel for the accused said there was no chance of accused fleeing from the trial and the agency had no fear that they could influence the witnesses if granted bail.