CBI wants to register fresh FIR against Kanimozhi

NEW DELHI: After investigating alleged criminality in intercepted phone conversations of former corporate lobbyist Niira Radia, the CBI on Monday said it wanted to file a fresh FIR against DMK leader Kanimozhi for alleged forging of documents to show that she was not a director of Kalaignar TV when the channel received Rs 200 crore as quid pro quo for then telecom minister A Raja irregularly allotting 2G spectrum.

Kanimozhi is already facing prosecution in the 2G scam. In its charge-sheet filed in May 2011, the CBI had said, "Investigation has established that pursuant to the criminal conspiracy, accused Raja, Sharad Kumar, Kanimozhi, stakeholders of Kalaignar TV, accepted and received an illegal gratification of Rs 200 crore in Kalaignar TV from accused Shahid Balwa and Vinod Goenka from the accounts of DB Group companies in 2008-09, as a reward in lieu of the undue favours shown by Raja."

Submitting the CBI's 2G scam probe status report to the Supreme Court, senior advocate K K Venugopal said the fresh FIR against the accused persons, already facing prosecution under Prevention of Corruption Act before the special CBI court, were all Indian Penal Code offences.

"We propose to register the FIR under Sections 120B (criminal conspiracy), 193 (false evidence), 467 (forging of documents) and 468 (forging documents for cheating)," Venugopal told a bench of Chief Justice H L Dattu and Justice Arun Mishra.

As the fresh FIR against Kanimozhi would be under provisions of IPC, under the Criminal Procedure Code, it would be required to be filed before an ordinary court and not before the CBI judge, who was designated to exclusively hold trial of 2G scam related cases. The CBI was seeking the SC's permission to file the IPC offence-related FIR before the special judge.

The CBI, in its sealed cover status report, indicated to the SC that documents were forged and back-dated to show that Kanimozhi had resigned from the management of Kalaignar TV. Forging of documents and giving false evidence were offences separate from her alleged role in receiving the bribe money, the CBI said.

Kanimozhi had told the CBI court in May last year that she had nothing to do with the management and operations of Kalaignar TV when it received the alleged bribe money through a circuitous route.

During recording of her statement, Kanimozhi had claimed that prosecution witnesses had deposed against her under CBI's pressure and although she had a 20% stake in Kalaignar TV, she had resigned as a director of the channel on June 20, 2007.

The bench of Justices Dattu and Mishra asked Venugopal whether the accused persons needed to be heard before permitting the CBI to file the FIR before the special CBI court set up to hold trial in 2G scam related cases. "Should we allow the CBI to add charges without hearing them?" it asked and kept the issue for arguments on April 30.