Judge Saini's reasons for no bail are sound: he is a hero

He has been excoriated relentlessly in all the media for refusing bail to Kanimozhi and other 2G scam accused on Thursday. Ram Jethmalani called it a “grave, grave miscarriage of justice”. Raju Ramachandran, former additional solicitor general, said “there is no reason whatsoever… to deny bail.” Sonia Gandhi is reported by the Indian Express to have been “anguished” by it. But Special Judge OP Saini is a hero. One look at the reasons cited by him for denying bail should dispel the impression that he was merely playing to the public gallery – which is what everyone assumes. Judge Saini’s reasons are clear: in this case, where the stakes are high and the powerful can easily tamper with evidence and threaten witnesses, the accused need to be kept in jail till the bulk of the hearing is over. [caption id=“attachment_123357” align=“alignleft” width=“380” caption=“Judge Saini’s reasons for denying bail are clear: in this case, where the stakes are high and the powerful can easily tamper with evidence and threaten witnesses, the accused need to be kept in jail till the bulk of the hearing is over.”]  [/caption] According to the Indian Express, Judge Saini defended his call by saying that keeping the accused in custody would “generate a sense of security” among the witnesses who were already “under a lot of pressure”. That every witness could be under pressure can be deduced from how politicians and businessmen have been behaving. From the PM to the finance minister and the home minister, and parliamentary institutions like the JPC and the PAC, everyone has been busy trying to defuse the 2G bomb and confuse the issues involved. The PM, and his two ministerial colleagues, have been busy pushing out ministerial letters in the public domain to deflect blame. So how can Judge Saini be wrong in concluding that the powerful have a stake in burying the scandal and will stop at nothing to kill the evidence? Judge Saini said: “The facts and circumstances of the case itself suggest that the witnesses would be under a lot of pressure, given the serious consequences of the case for the parties. This is further compounded by the fact that the witnesses are employees, relatives, family members, colleagues and subordinates of the accused persons.” In fact, there has been good reason to worry about the witnesses. What, for example, happened to Sadiq Batcha – a key link in the Andimuthu Raja money trail — who committed “suicide” on 16 March? Batcha’s fortunes rose with Raja’s, but why did his life end when Raja went to jail? Judge Saini also said: “If an accused is required to be kept in custody during trial, the reasons for the same must be valid, both in law and fact. Having said that, I may also record that the rights of victim and witnesses are also no less valuable and are required to be protected equally during trial… Victim and witnesses cannot be left to their own fate while protecting the rights of the accused.” If Batcha had only been alive… Or take the Kanimozhi case. The scam involves Kalaignar TV , a company she owned 80 percent along with her mother. The company, which received over Rs 200 crore from the Balwas of DB Realty via two other companies, returned the money and claimed it was a “loan” as soon as Raja was forced to resign as Communications Minister. The Central Bureau of Investigation (CBI) believes the money was a “bribe” paid for favours shown through Raja. Why was the loan returned only after the scam broke and not earlier? Was it an attempt to cover her tracks? If Kanimozhi had been in jail earlier, is it likely that the paperwork for the return of the Rs 200 crore “loan” would have been done without her or the Kalaignar managing director Sharat Kumar, also in jail, okaying it? Judge Saini did not give too much importance to the fact that the CBI did not oppose bail.  According to BusinessLine, he said: “Witnesses cannot be left to their own fate while protecting the rights of the accused.” The judge pointed out that if the witnesses did not feel safe, “the truth will not come out and cause justice to suffer.” So, contrary to what the heavyweight lawyers may say, Judge Saini probably did the right thing in denying bail in the 2G case. The higher courts may overturn his order, but no one can say he did not do his best on behalf of those whose evidence will be crucial to nail the accused in the greatest financial scam in Indian history.