Thursday, November 3, 2011

Kanimozhi's bail rejected :Judge's strong comments

Judge's strong words on why he denied Kanimozhi bail

New Delhi: Judge OP Saini, who is handling the 2G scam trial, dismissed Kanimozhi's bail application today along with that of seven others who had applied for permission to leave jail. In his order, the judge used strong language to underscore the gravity of the charges against those accused. (Court order on Kanimozhi's bail)

From Judge OP Saini's order:

  • Accused Kanimozhi belongs to upper echelons of the socierty 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
  • Witnesses should have sense of safety and security - one way of generating this is to keep the accused in the custody
  • Their ultimate objective was to use public money in carefully planned manner for personal use with no right to do it
  • The order is given solely keeping in mind the facts and circumstances of the case, keeping the best interest of justice in mind
  • No opposition from the CBI to their bail but that doesn't have any bearing on this case
  • The facts of the case as well as the charges levelled against the accused are of very serious nature having grave implications for the economy of the country
  • The persons involved in such offenses, particularly those who continue to reap the benefits of the crime committed by them, do not deserve any indulgence; and any sympathy to them not only being entirely misplaced but also against the larger interest of the society the court cannot be oblivious to the fact that such offenses are preceded by cool, calculated and deliberate design with an eye on personal gains and in fact not all such offenses come to the surface.
  • If a person knows that even after misappropriating huge public funds, he can come out on bail, after spending a few months in jail, and thereafter he can continue to enjoy the ill-gotten wealth obtained by illegal means, that would only encourage many others to commit similar crimes in the belief that even if they have to spend a few months in jail, they can lead lavish and comfortable lives thereafter, utilizing the public funds acquired by them. In fact, not everyone would mind luxurious living for him and his family, even if it comes at the cost of spending a few months in jail. A strong message therefore needs to be sent to these white-collared criminals and those who are waiting in the wings that in the long run, it does not pay to be on the wrong side of the law.
  • The community or the state is not persona non-grata whose cause may be treated with disdain. The entire community is aggrieved if economic offenders who ruin the economy of the state are not brought to book.

3rd November 2011

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