The 2G trial court on 3-11-2011 rejected Kanimozhi’s bail plea saying the DMK Rajya Sabha member belonged to an elite section of society and therefore could not claim the privilege of being a woman to seek bail.
Judge .P Saini’s 76-page order said the accused “belongs to upper echelons of the society and is also a Member of Parliament. By no stretch of imagination she can be said to be suffering from any discrimination on ground of being a woman alone.”
Kanimozhi, who has been in Tihar jail for the past five months, had sought bail under Section 437 of the criminal code on the ground of being a woman.
Saini said the privilege is accorded to women accused as they are generally considered a weak and exploited section of society, both socially and economically, and deserve extra protection and sympathetic treatment. But if one asks whether this consideration should apply to Kanimozhi, he said, “The answer to the question is an emphatic ‘No’.”
Citing a Supreme Court order, the judge said a murder may be committed in the heat of the moment but an economic offence is committed with cool calculation for personal profit regardless of the consequences for the state.
“For the aforesaid reasons, I am satisfied that no case for bail is made out for any of the accused,” the order said.
The accused had argued they deserved bail because they had been languishing in jail for five to nine months and because the trial could take a long time thanks to the long list of witnesses. The court rejected this argument too.
“In circumstances of a particular case, these factors may be relevant... but in some cases, it may not be so,” Saini said, citing a high court order.
“If a person knows that even after misappropriating huge public funds, he can come out on bail after spending a few months in jail and thereafter can continue to enjoy the ill-gotten wealth, obtained by illegal means, that would only encourage many others to commit similar crimes,” he said.
“Not everyone would mind luxurious living for him and his family even if it comes at the cost of spending a few months in jail. A strong message therefore needs to be sent to these white-collar criminals and those... waiting in the wings that, in the long run, it does not pay to be on the wrong side of the law.”
The court said that after the framing of charges, “the case has crystallized against the accused.... It has moved to a higher pedestal, that is, from the stage of suspicion or grave suspicion, it has reached the higher stage of prima facie acceptability.” The court refuses bail to Kani, 7 others in 2G case.
Karunanidhi was so far under wrong impression that the Central Government was running only on the alliance strength of DMK. Knowingly he has made his daughter to be a victim in the 2g scam money by getting 200 cores as loan to Kalignar TV. Now there is no use of blaming Congress or any other persons in this scam event. Karunanidhi henceforth must remember the proverb “Evil be gets evil”.