CBI's reasoning to spare Tamil Nadu chief minister M Karunanidhi's wife Dayalu Ammal in the 2G spectrum scam was on Friday questioned in a Delhi Court by two accused, who said ignorance of any language cannot be a ground to absolve a person from the charge of conspiracy.
The accused, Asif Balwa and Rajeev Agarwal, who played an active role in routing Rs 200 crore as a bribe to the DMK-run Kalaignar TV, contended that CBI cannot ignore Dayalu Ammal's involvement in the alleged conspiracy, on the flimsy ground of language, when she was a major sharholder in the channel.
"This is a colourable exercise of power by the CBI of not making Dayalu Ammal, the major shareholder in Kalaignar TV, an accused," their counsel Vijay Agarwal said, while arguing for their bail.
"The fact that CBI did not make Dayalu Ammal an accused in the case on the ground that she knows only Tamil, suggests that conspiracies are hatched only in English or Hindi." "Dayalu Ammal was signatory and director of the channel but she is not made an accused as she does not speak English. Meaning those who speak Tamil cannot commit crime," the counsel said.
"Even if she speaks only Tamil, her daughter (DMK MP Kanimozhi) could have explained the things," he said.
Dayalu Ammal, the wife of DMK chief Karunanidhi, holds major shares in Kalaignar TV, which received the "illegal gratification" of Rs 200 crore from Dynamix Realty. She was named a witness in the second charge sheet on the ground that she did not participate in the day-to-day affairs of the channel as she knew only Tamil language.
Asif and Agarwal, both Directors of Kusegaon Fruits and Vegatables Pvt Ltd, have been charged with entering into conspiracy with the other accused to route the illegal gratification to Kalaignar TV.
Further, contending that the prosecution was trying to escape the questions put to it by the defence, they termed CBI as the "Confused Bureau of Investigation".