Kanimozhi chargesheeted in 2G scam

New Delhi: Tamil Nadu Chief Minister M Karunanidhi`s daughter Kanimozhi was on Monday chargesheeted in the 2G spectrum scam in a Delhi court by the CBI which accused the DMK MP of entering into a criminal conspiracy with prime accused former Telecom Minister A Raja.

Kanimozhi(43) has also been charged under Prevention of Corruption Act for taking illegal gratification through Kalaignar TV–a channel run by the ruling DMK in Tamil Nadu–in which the money related to the 2G scam was routed.

However, the supplementary chargesheet in the 2G scamprobe does not name the DMK supremo`s wife Dayaluammal as an accused but mentioned her as one of the witnesses in the case. Her name had prominently figured during the investigations fuelling speculation that she could be named as a co-accused.

"Kanimozhi actively pursued with the intermediaries and DMK headquarters the matter regarding reappointment of accused A Raja as Minister of Communications and Information Technology in 2009, which clearly establishes the strong association of Kanimozhi and A Raja in the officials/political matters," the probe agency, in its 31-page supplememtary chargesheet, said.

Besides Kanimozhi, four others—Kalaignar TV Managing Director Sharad Kumar, Karim Morani, Director of Cineyug Media and Entertainment Pvt Ltd, Swan Telecom promoter Shahid Usman Balwa`s cousin Asif Balwa and Rajeev Agarwal, who are Directors of Kusegaon Fruits and Vegetables Pvt Ltd— were named in the chargesheet.

Special CBI Judge O P Saini, who took cognizance of the probe report, issued summons against Kanimozhi, Sharad Kumar and Morani for appearing before him on May 6.

"There is enough incriminating material on record to proceed against the accused persons," the judge said.

The court issued production warrant against Balwa and Agarwal for tomorrow as they are already in judicial custody since their arrest on March 29.

The second chargesheet discusses the routing of over Rs 200 crores illegal gratification from M/S Dynamix Realty to Kalaignar TV Pvt Ltd through M/S Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.

"The investigation has disclosed that there are number of circumstances….which together conclusively establish that the amount of Rs 200 crores paid by Dynamix Realty to Kalaignar TV Pvt Ltd through M/S Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd, was not a genuine business transction but in the nature of illegal gratification paid in lieu of the UAS licenses, valuable spectrum and other undue benefit given by acused public servants to M/S Swan Telecom Pvt Ltd," the chargesheet said.

The agency in the first charge sheet filed on April 2 had said the money travelled through a "circuitous route" through Kusegaon Fruits and Vegetables Pvt Ltd, a DB group company and Cineyug Films Pvt Ltd, to the Kalaignar TV in which Karunanidhi`s wife Dayalu Ammal, his daughter Kanimozhi and Sharad Kumar have 60, 20 and 20 per cent shares respectively.

In the second charge sheet, the CBI has discussed the routing of gratification from various companies to the Kalaignar TV by using graphs.

"Investigation has, therefore, revealed that M/s Dynamix Realty, which is a partnership firm of DB Group of companies, which also own Swan Telecom Private Ltd, paid Rs 200 crores as illegal gratification to Kalaignar TV, which is also controlled by the affiliates of DMK to which accused Raja belongs and such fund transfer was facilitated by Karim Morani, Sharad Kumar and Kanimozhi through their companies," the probe report said.

The name of Chennai-based company Green House Promoters Pvt Ltd, whose director A M Sadhick Batcha, a close aide of Raja who died under mysterious circumstances last month, also figured in the supplementary charge sheet which primarily deals with the routing of money.

Some of the family members of Raja and his wife M A Parameshwari, who was the director (Legal) in the Green House Promoters Pvt Ltd, were on the board of the company, which acted as a link between various firms accused of having roles in the routing of money to Kalaignar TV, it said.

The CBI has alleged that Kalaignar TV started refunding Rs 200 crores illegal gratification back to the companies promoted by various accused including Shahid Usman Balwa only after Raja was quizzed by it on December 24 last year.

"Investigation has also revealed that when Raja was contacted by CBI for his examination scheduled on December 24 last year, Kalaignar TV started refunding the amount of Rs 200 crores to Dynamix Realty, through Cineyug Films and Kusegaon Fruits and Vegetables Pvt Ltd.

"The substantial part of the amount was refunded by it just before and after February 2 when Raja was arrested by the CBI in this case," the CBI said.

The probe agency, which provided informations in tabular forms related to financial transactions, said the companies involved could not produce agreements to support their defence that the money transfer was related to advancement of loans.

"Investigation has revealed that none of the companies, firms involved in the entire transactions, purportedly claimed as loans of amount of Rs 200 crores, had the main objective of lending money. The companies could lend money only for the purposes incidental of the main objects and lending money could not be the main object of the company….Investigations have disclosed none of these companies was holding status of non-banking finance company," the charge sheet said.

Discussing the mode of money routing, it said that Swan Telecom received additional share money of Rs 3,228 crores from M/s Etisalat Mauritius Ltd and Rs 381 crores from Genex Exim Ventures Pvt Ltd on December 17, 2008.

Dynamix Realty, a partnership firm of DB Realty Ltd, and other group companies transferred Rs 209.25 crores to Kusegaon Fruits and Vegetables Pvt Ltd through banking channels, the CBI said.

Kusegaon Fruits and Vegetables Pvt Ltd took the plea that the money was extended to it by Dynamix Realty and others as unsecured loan, it said.

Kusegaon Fruits and Vegetables Pvt Ltd further transferred Rs 200 crores to Cineyug Films Ltd which in turn routed it to Kalaignar TV in six installments.

There was no valid agreement between Dynamix Realty and Kusegaon Fruits and Vegetables Pvt Ltd to support the illegal money transactions between them, the CBI said.

"Investigation has revealed that for all transactions of more than Rs 200 crores between Dynamix Realty, Kusegaon Fruits and Vegetables Pvt Ltd, Cineyug Films Pvt Ltd and Kalaignar TV, claimed to be in nature of loan, no valid agreement was signed between any of the parties.

"And no collaterals/securities were ensured to secure the alleged loan amount. Later, after registration of the criminal case by CBI, and on taking various steps in investigation of the case, Cineyug Films Pvt Ltd offered securities to Kusegaon Fruits and Vegetables Pvt Ltd against the unsecured loan of Rs 200 crores," the charge sheet said.

Imputing criminality to the money transactions, it said after registration of the FIR on October 21, 2009, entire equity holding of Kalaignar TV was pledged to Cineyug Films Pvt Ltd as security for the alleged re-payment of purported loan.

Discussing the role of Sharad Kumar, the CBI said that he was having 20 per cent share in Kalaignar TV and used to chair all the board meetings where decisions regarding the money transactions were taken.

"He (Sharad) has also signed all the agreements purportedly with Cineyug Films Pvt Ltd and other relevant documents. He had also been visiting A Raja in connection with pursuing various pending works related to his company," it said.

The agency discussed in detail the role of Kanimozhi saying, "She had also been in regular touch with A Raja regarding launching of Kalaignar TV channels and other pending works of Kalaignar TV Pvt Ltd."

Kanimozhi, who was a Director in the Kalaignar TV, later resigned to get clearance from Ministry of Home Affairs for launch of TV channels, the CBI said.

"A Raja was further pursuing the cause of Kalaignar TV not only for getting registration of the company from the I&B Ministry but also for getting it in the Tata Sky bouquet," it said, adding that Kanimozhi was a stake holder and active brain behind the operations as she was widely covered in its news channel.

It said that the original shares subscriptions and share holder agreement between Cineyug Films Pvt Ltd and Kalaignar TV and its promoters were not produced by the parties concerned.

The agreement was prepared only to "mislead" the investigative agency and create a false justification for said payments, the CBI said.

Dealing with the refund of illegal gratification, the CBI said, "the funds from which Kalaignar TV has refunded Rs 200 crore to Cineyug Films have partly come from Anjugam Films (subsidiary of Kalaignar TV) (Rs 70 crores approx)….These facts indicates the sudden reaction of the company to the steps in investigation on arrest of Raja, in arranging these funds and re-paying."

The DB Group had taken credit facility, amounting to Rs 242 crore, from M/s IL&FS Finance Services.

The loans were secured by way of collateral securities and mortgages of plots of land by the company.

The CBI, in its first charge sheet, had also said that Raja conspired with top bureaucrats, including a retired IAS officer, and corporate honchos to cause a loss of Rs 30,984 crore to the exchequer in the allocation of 2G spectrum.

Besides Raja, the agency had named eight others and three telecom companies.

The agency had alleged that former telecom secretary Siddharth Behura, Raja`s personal secretary R K Chandolia and Swan Telecom promoter Shahid Usman Balwa and Sanjay Chandra, MD of Unitech wireless, entered into a conspiracy for manipulating the procedure for allocation of spectrum with the aim of favouring companies like Swan Telecom and Unitech.

Others named in the charge sheet include Vinod Goenka, a Director of Mumbai-based DB Realty, which was also the promoter of Etisalat DB, Sanjay Chandra, Managing Director of Gurgaon-based real estate company Unitech and Unitech Wireless (Tamil Nadu) Pvt Ltd and Gautam Doshi, Hari Nair and Surendra Pipara, Group Managing Director and two Senior Vice Presidents of Mumbai-based Reliance ADAG.

The CBI had charged Raja with cheating, forgery and abuse of official position under the provisions of Indian Penal Code and Prevention of Corruption Act.

All the nine accused, named in the first charge sheet, are presently in Tihar Jail under judicial custody.