2 SC judges recuse from hearing Kanimozhi's bail plea

Two judges of the Supreme Court, who were scheduled to hear on Monday the bail plea of DMK MP Kanimozhi, an accused in the 2G spectrum allocation scam, on Friday recused themselves from the hearing.

Instead, Justice GS Singhvi, whose bench has been monitoring the case, will hold a special hearing on Monday along with Justice BS Chauhan to decide the bail applications of Kanimozhi and Kalaignar TV Managing Director Sharad Kumar.

According to informed sources, Justices P Sathasivam and AK Patnaik conveyed their decision to recuse to Chief Justice of India SH Kapadia, following which he constituted another bench with Justice Singhvi.

Earlier in the day, CBI filed an affidavit in the apex court opposing the bail pleas of Kanimozhi and co-accused Sharad Kumar on the ground that if released, they could tamper with evidence and influence witnesses.

The investigating agency contended Kanimozhi and Kumar were key conspirators and Rs 200 crore transferred to Kalaignar TV was part of the "bribe" amount and not a loan as claimed by the accused.

The agency said since investigation into the 2G case is at an advanced stage, it will not be proper for the apex court to grant bail to the accused.

CBI submitted the special CBI court and later the Delhi High Court had carefully evaluated various material evidence and other factors to refuse bail to them.

The apex court had on June 13 asked CBI to explain where the Rs 200 crore, allegedly diverted to DMK-owned Kalaignar TV in 2G scam, has gone and also to file a response on their bail pleas in a week's time.

A bench of justices BS Chauhan and Swatanter Kumar had also asked CBI to come out with a status report on the loss to the state exchequer due to the award of 13 licences to one of the telecom operators and trial proceedings in the CBI special court.

Kanimozhi and Kumar had moved the apex court seeking bail on June 10 challenging the Delhi High Court verdict rejecting their bail on the ground that they have strong political connections and the possibility of them influencing witnesses cannot be ruled out. Named as accused in the second charge sheet for allegedly taking a bribe of Rs 200 crore, the two were arrested on May 20 after the special court dismissed their bail pleas in the case.

Both Kanimozhi and Kumar have 20% stake each in Kalaignar TV which allegedly received Rs 200 crore through a "circuitous" route from Shahid Balwa promoted DB Realty.

DMK chief's wife Dayalu Ammal, who has been left out of the list of accused, owns the remaining 60% shares in the channel.

Kanimozhi and Kumar had moved the High Court on May 23 challenging the trial court's order which had rejected their bail pleas, saying the offence attributed to them was grave and the possibility of influencing the witnesses cannot be ruled out.

CBI Special Judge O P Saini had on May 20 rejected the bail pleas of Kanimozhi and Kumar and ordered their "forthwith" arrest. They are currently lodged in Tihar Jail.