Special CBI Judge O P Saini while framing charges against DMK MP Kanimozhi, Kalaignar TV Managing Director Sharad Kumar and Swan Telecom in the 2G case, said that there are allegations and evidence regarding transfer of the amount of Rs 200 crore.
"The allegations (of bribe of Rs 200 crore) are not imaginary, absurd or unfounded and, as such, at this stage of the case, shall be taken at their face value. It is purely a question of fact and any observation at this stage may prejudice the parties," the court said.
It rejected the contention of the accused that no one would pay bribe after 16 months of obtaining favour in the form of Unified Access Services (UAS) Licences. "I do not find any merit in the submissions of the accused, at this stage of the case, that the transaction may be treated as a transaction of loan without any taint of criminality," the judge said.
The court, in its order, noted that the accused persons had said the amount (Rs 200 crore) went from Dynamix Realty Ltd to Kalaignar TV Pvt Ltd, first with a view to acquire stake, and when that proposition failed, it was decided to convert the amount into inter-corporate deposits. They had said that the same was done and the amount was duly returned subsequently.
According to CBI's charge sheet, Rs 200 crore was paid as bribe to Raja in lieu of grant of UAS licence to Swan Telecom. The bribe was transferred from Dynamix Realty through several other companies to Kalaignar TV, in which Sharad Kumar and Kanimozhi, were stakeholders, it said.
The court said there are specific allegations in the charge sheet and also in the supplementary chargesheet which contains full details of passing of the amount of Rs 200 crore from Dynamix Realty Ltd to Kalaignar TV through Kusegaon Friuts and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.
"There is no contemporaneous documentation. The money has been transferred between different companies back-to-back and the same was returned when the investigation of the instant case acquired momentum as per the allegations of the CBI," it said.
The judge appreciated Special Public Prosecutor U U Lalit for conceding during the arguments on framing of charges that there was no evidence on record to show that any bribe or illegal consideration was paid by Unitech Wireless (Tamil Nadu) Pvt Ltd to anyone for securing UAS licences.
"However, it is the case of the prosecution that the sole objective of both conspirator companies (Unitech Wireless and Swan Telecom) was to obtain UAS licences by illegal means and as such, as far as Unitech Wireless and Sanjay Chandra are concerned, they would also be prima facie conspirators in the case and non-payment of bribe by them does not affect their position as conspirators," it said.