The CBI‘s fresh plea of invoking an additional charge of criminal breach of trust on DMK MP Kanimozhi and Kalaignar TV MD Sharad Pawar was opposed by both of them and a dismissal of the plea was sought on the ground that they were neither part of conspiracy relating to allocation of spectrum and were nor the alleged beneficiaries of 2G spectrum licenses. The reply was filed in conformity with its October 7 deadline.

Criminal breach of Trust is an offence under S.405 of IPC according to which a person is said to have committed criminal breach of trust when he who is entrusted with property or having any dominion over property dishonestly misappropriates or converts it to his own use or uses or disposes it in violation of any legal contract or any law prescribing the mode in which it has to be discharged is said to have committed a criminal breach of trust and is punishable under S.409 IPC. It is a non-bailable offence with punishment that stretches from 10 years to life.

Senior advocate V G Pragasam and S J Aristotle appearing for Kanimozhi and Kumar in their reply filed before Special CBI Judge O P Saini said that even as per CBI they were not part of the conspiracy. Even if it is supposed that she is accountable under the additional penal provision then sanction under section 197 (prosecution of judges and public servants) of CRPC is necessary for prosecuting her as she is a sitting Rajya Sabha MP/public servant.

The bail plea was scheduled to be heard on Saturday, 1^st October. The Special CBI Court on plea of both the lawyers of Kannimozhi and CBI deferred the hearing on bail matter till October 17. The counsel for Kanimozhi, Sushil Kumar cited the Supreme Court’s earlier order which stated that only after the charges are framed against the accused that they can seek bail. The charges will be framed by October 15 and the bail plea will be heard on Oct 17.

Kanimozhi opposes CBI plea in 2G Scam case

Report by Lydia Chitra Jacob