The CBI court while dismissing accused Kanimozhi's bail plea in 2G spectrum scam refused to give her the benefit of a provision in the criminal procedure code that prescribe leniency to a woman accused in grant of bail.
This aspect and the fact that she was the mother of a 10-year-old boy had been her trump card of Kanimozhi, who has already spent 170 days in jail, while pleading for bail.
Special judge OP Saini ruled: "the philosophy behind the provision for woman is that they are generally considered a weak and exploited section of the society both socially and economically and as require some extra protection and a sympathetic treatment. The question is whether these beneficial factors are available to accused Kanimozhi. The answer to the question is NO."
The judge added: "Kanimozhi 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."
While framing charges of criminal breach of trust and criminal conspiracy against her, the court had said there was prima-facie proof that she was the brain behind DMK-owned Kalaignar TV receiving Rs 200 crore which was bribe money from group companies of DB Realty promoter Shahid Balwa as quid pro quo for award of 2G licence to Swan Telecom.
No relief for Morani
The special court also rejected the plea for leniency another 2G accused Karim Morani.
The Cineyug films director had pleaded for leniency on grounds of sickness. His lawyer had argued that Morani was a heart patient and had already suffered two attacks.But the court said: "On the basis of medical papers already on record, it cannot be held that standard of illness of accused Karim Morani not so high as to categorise his custody as detrimental to his health."