Denying bail in 2G case grave miscarriage of justice: Ram Jethmalani

The denial of bail to DMK MP Kanimozhi by a Delhi Court was today termed as a "serious miscarriage of justice" by her counsel Ram Jethmalani who hoped that the Supreme Court would set it right.

"What the judge has done is a serious miscarriage of justice. I believe this judge seems to have decided that no relief should be given except by the Supreme Court itself. He is not therefore wanting to do what is plainly right.

"I consider it grave, grave miscarriage of justice and a deliberate misapplication of law, I hope the Supreme Court will soon put this right," Jethmalani said.

The senior advocate said that bail can only be denied if a person is likely to abscond to tamper with evidence but "there is no such evidence at least in the case of this woman (Kanimozhi)."

Special CBI Judge O P Saini denied bail to Kanimozhi, former Telecom Secretary Siddharth Behura, A Raja's erstwhile Private Secretary R K Chandolia, Swan Telecom promoter Shahid Usman Balwa, Kalaignar TV MD Sharad Kumar, Kusegaon Fruits & Vegetables directors Asif Balwa and Rajiv Agarwal and Bollywood filmmaker Karim Morani in the case.

Senior advocate Aman Lekhi and counsel for Behura said the CBI by not opposing the bail pleas of the five accused admits to a case for bail.

"Only on the ground that it is a big scam and people involved are high profile, it is not appropriate to keep a person in prolonged custody unless there is credible justification for the same," he said on the outcome of the order.

Janata Party President Subramanian Swamy, who is pursuing 2G case, expressed pleasure over the judgement saying it is wise to keep the high-profile accused in jail till the recording of statements by witnesses.

"These are not ordinary people. These are billionaires who have international connections. Consequently, when witnesses are called, these witnesses could be affected by atmosphere created by their coming out, celebrations for them, holding rallies etc. In that situation, it is a wise thing to keep them in till witness deposition is over," he said.

On CBI going soft on the accused in not opposing their bail, Swamy said, "CBI is not going soft on all accused but where politicians are concerned, it seems to be under pressure and probably prefer the court to tell them to do what they have to do."

Kanimozhi's husband Aravindan said they would be moving the Delhi High Court to appeal against the trial court order.

To a question if he was optimistic (about getting bail from the High Court), he snubbed, "What do you expect me to be? Why are you asking the obvious question?"

Former Additional Solicitor General Raju Ramachandran expressed surprise and disappointment over the order denying bail to eight accused.

Though Raju did not appear for any accused, he said, "I am frankly surprised and also a little disappointed."

"The normal rule is bail not jail. Now here's a case where prosecuting agency says they do not need to keep accused in jail any more and that the investigation is complete and charges have been framed. There really is no reason whatsoever in these circumstances to deny bail," he said.