After the complete acquittal of all the accused involved in the 2G Scam by OP Saini, the DMK is claiming them to be saints as if they are saint incarnates.
Before we begin, let us be clear on one thing. The amount of 1.76 lakh crores which changed the total political scape of this country, was deliberately leaked out by the then CAG Vinodh Rai. Vinodh Rai like Anna Hazare, Kiran Bedi et al are nothing but plant of RSS to build anger against the Congress.
The present Attorney General Senior Counsel KK Venugopal, during the discharge hearings in the Special Court, categorically told that we have not found any evidence of ‘bribery’ except the 200 crores granted to Kalaignar TV. Both the CBI and ED had filed separate charge sheets for this case and all the accused were acquitted by the special court.
What was the allegation against DMK regarding their involvement in the 2G scam ? They received 200 crores and this is a bribe for the licenses granted to ineligible bidders. What was DMK’s defence ?
This is just a loan and a routine financial transaction.
Let us look at the facts. Since this piece is about DMK, let us not go into detail about 2G scam. Swan Telecom Private Limited applied for licence and got 13 licenses. Swan is ineligible to get the licenses.
Under Indian telecom rules, a company holding a telecom licence in one licensed area is not allowed to own more than 9.9% of another phone firm.
Reliance Telecom, which was operating in all circles where Swan got licences, had an equity stake of 10.71 per cent in the latter at the time of licence application. This is a clear violation and A.Raja then Minister for deliberately did it in spite of several objections raised by his own Ministry officials and even the Prime Minister Manmohan himself.
Swan Telecom was specifically created by Shahid Balwa and others only after entering into a criminal conspiracy with A.Raja. Balwa’s original business is realty and he was doing well. The background of Shahid Balwa and his DB realty can be read here.
The real beneficiary in the 2G scam is not Shahid Balwa or his DB realities, but Anil Dhirubai Ambani’s Reliance Telecom. But, his clout and his surname protected him. To know the role of Anil Ambani read this fantastice piece here
Let’s come back to 200 crores.
CBI registered its FIR regarding 2G on 21.10.2009 against unknown officials / private persons.
In 2006, Karunanidhi sold all his shares in Sun TV. The amount paid by KD (Kalanidhi Dayanidhi) was 100 crores. After Sun TV came out with an IPO and got listed the true value of Sun TV shares was known and Karunanidhi family became furious.
The row traces its roots to 2006 when the Karunanidhis had sold Sun TV shares to the Maran brothers for Rs 100 crore. The chief minister’s sons, especially Azhagiri, felt short-changed after Sun TV went public and its share value shot up. The actual value that Kalaingar should have been paid was 450 crores. KD brothers knowing the actual value, and ignoring the fact that Sun TV was started only by pledging DMK Trust money with Indian Bank, cheated their grand father. This is the KDs.
The Marans found themselves blacklisted by Karunanidhi and Azhagiri after their Tamil daily, Dinakaran, published an opinion poll in May 2007 that proclaimed Stalin was the most preferred DMK heir.
Dayanidhi was forced to resign as Union IT minister and the Karunanidhi family started its own TV channel to take on the might and reach of Sun TV, owned by Kalanidhi.
Starting and running a TV channel is not easy. It requires enormous funds. Every day operational costs including salaries alone would run into crores.
Karunanidhi’s family will never open their purse for anything is a known fact. They turned to A.Raja for funds. A Raja turned to Shahid Balwa who was minting crores due to the 13 UASL licenses granted by A.Raja against norms.
Dynamix Realty transferred 209.25 crores to a shell company named Kusegaon Fruits and Vegetables.
Then Kusegaon Fruits and Vegetables transferred 200 crores to another shell company named Cineyug Films Private Limited.
This Cineyug Films Privated limited only transferred 200 crores to Kalaignar TV.
The allegation of CBI is that A. Raja with his coaccused, by abusing his official position, received illegal gratification of Rs. 200 crore from STPL, an ineligible company, for granting UAS licences and allocating spectrum to it and the gratification was paid by DB group, belonging to Shahid Usman Balwa and Vinod Goenka, also directors of STPL, and was transferred to/ parked in Kalaignar TV (P) Limited.
Kusegaon Fruits transferred 200 crores to Cineyug Films Private Limited between 23.12.2008 07.08.2009. In 2008, as per the annual filings of Kusegaon Fruits and Vegetables do you know the total assets ?. ZERO.
The case of Cineyug Films Private Limited is still worse. As per balance sheet of Cineyug Films (P) Limited for the financial year 200607 the company had incurred loss amounting to Rs. 6.28 crore.
Kalaignar TV was incorporated on 6 June 2007 after the fall out with KD brothers with DMK’s first family. It started its telecast from 15 September 2007.
The defence of A.Raja and others in the 2G trial was that the 200 crores received by Kalaingar TV was not bribe, but a routine business transaction. The amount has been returned ‘with interest’.
The CBI trashed this claim.
The interest claimed to have been paid on the illegal gratification of Rs. 200 crore, is not as per Section 194A of the Income tax Act 1961 (Tax deducted at source on interest other than “interest on securities”).
As per this section, on any interest paid by any person other than individual and HUF, tax has to be deducted at source @ 10% on the interest amount earned. This TDS is to be done every six months and interest is calculated on accrual basis. Payment of illegal gratification started from December, 2008 and ended in August, 2009. Between 23.12.2008 to 07.08.2009, Cineyug Films (P) Limited paid Rs. 200 crore to KTV.
Had this amount been loan, as claimed by Cineyug Films (P) Limited and KTV, payment of interest should have started w.e.f. 31.03.2009 and tax should have been deducted on this amount and credited to Government account w.e.f. April, 2009 (time allowed to credit TDS to Government account).
The payment of so called interest started w.e.f. 07.05.2010, more than a year after the due date. The claim of A.Raja & Co. falls down flat.
In 2011, Kalaignar TV was just 3 years old. Though using the political power it was able to telecast new movies exclusively, their TRP rating was not doing good.
At this time, an agreement was entered on 12th January 2011 between India Cements Limited and Kalaignar TV (P) Limited for advertisement on the Kalaignar TV (P) Limited’s channels for a period of Five Years commencing from January 2011 for total consideration of Rs. 60 crore. Company paid Rs. 60 crore to KTV through two cheques, both dated 18.01.2011, for Rs. 30 crore each.
Why would India Cements pay 60 crores in advance for advertisement, that too for five years ?
Listen to this audio.
This conversation happens between Shri.Shanmuganathan and Shri.M.S.Jaffer Sait, IPS on 31.12.2010. Shri.Shanmuganathan, is an aide and personal secretary for Shri.Karunanidhi for more than 3 decades. He was the eyes and ears of DMK Chief Karunanidhi. He will handle all phone calls on behalf of Karunanidhi and he looks after all affairs relating to Karunanidhi and his family. His words are nothing but the words of Shri.M.Karunanidhi himself.
In the conversation between Shri.Shanmuganathan and Shri.M.S.Jaffer Sait, IPS, Jaffer Sait, when Shanmuganathan asks Jaffer Sait, as to what happened, Jaffer Sait explains to him, that he has arranged 60 crores and is in the process of arranging another 40. The 60 will be adjusted in the next five years as advertisements, Jaffer Sati, IPS was found saying. According to my information the 60 crores Jaffer Sait, refers to was provided by Shri.N.Srinivasan, Vice President and Managing Director. Sources also reveal that the entire amount of Rs.214 crores repaid by Kalaignar to Cineyug Films was obtained from Shri.N.Srinivasan, and liquor baron Vijay Mallya, and that the money was laundered through 18 shell companies based in Kolkatta. No businessman with a little sense of sanity would make payment for advertisements in advance to a television channel, which was in the dock, and where there is no guarantee that the television would be alive or not.
An agreement entered on 25th January 2011 between United Spirits Ltd and KTV for their entire distribution network of the brands and products of the company, for a period of 8 years commencing from February 2011 for a total consideration of Rs. 65 crore. USL paid Rs.65 crore to KTV from 27.11.2011 to 04.03.2011. It had availed Rs. 50 crore ‘Unsecured Adhoc Cash credit (short term corporate working capital) Loan from State Bank of Mysore, and also from their day-to-day collection.
Have you ever heard a firm, taking loan from bank to pay for advertisements, that too, for 8 years in advance ? United Spirits and Breweries did this.
The next transaction is an interesting one Sapphire Media & Infrastructure Limited
(SMIL) gave loans and advances of Rs. 83 crore to AFPL from 22.12.2010 to 18.01.2011. SMIL arranged funds from a number of companies for payment to AFPL. AFPL paid an amount of Rs. 83 crore to KTV from 24.12.2010 to 18.01.2011.
This gets more engrossing.
One Manohar Prasad is the Managing Director of Gemini Group of Industries, Chennai. This Gemini firm paid money to Sapphire Media & Infrastructure Limited and they in turn paid to Anjugam Films Private Limited. Anjugam Films is Karunanidhi’s firm. His sister’s son Amirtham is the Director in this firm.
SMIL did not have the required funds to give to Anjugam Films. So SMIL collected funds from several Kolkatta based firms and all arrangements were made by Sharad Kumar, MD of Kalaignar TV.
This conversation was recorded on 13.02.2011, at 16.42 Hrs. between Shri. Jaffer Sait, IPS and Shri.Sharad Kumar Reddy (A.16). In the conversation, A.16 Sharad Kumar discusses with Shri.Sharad Kumar about the 2G investigation conducted by the CBI at that time. Shri.Sharad Kumar, tells Jaffer Sait, that he had been informed by Cineyug films about the impending arrival of CBI and that this time, they would make arrests. Sharad also talks about how he signed more than 100 pages, anti-dating the documents and how he had been manipulating records to manage the queries raised by the CBI in this regard. He also says that TR Balu said he would take care (about CBI). TR Balu was a Central Minister at that point of time.
In this conversation it could also be heard that Sharad Kumar saying that Dhayalu Ammal resigned only in December.
This is reflected in the documents seized from Kalaignar TV. In the meeting of the Board of Directors of the KTV held on 09.12.2010 and attended by the Directors, Sharad Kumar and P. Amirtham, a resolution was passed accepting the resignation of Ms. M. K. Dayalu, received through her letter dated 06.12.2010.
Manohar Prasad in his sworn statement before Enforcement Directorate stated the following.
“It is true that Mr. Sharad Kumar, Managing Director of Kalaignar TV approached me and expressed his interest for acquiring Sapphire Media & Infrastructure Limited. It was then informed to him that he would need to infuse additional capital to achieve a majority stake in the company. I further state that at the time of meeting Mr. Sharad Kumar, another gentleman Mr. Raja Shankar was also present and this meeting took place in the office of Mr. Sharad Kumar located at 7, College Lane, Egmore, Chennai. “
To a question who is Raja Shankar, Manohar Prasad said, “Mr. Raja Shankar is a local businessman closely associated with Mr. Stalin’s family and his son is a business partner with Mr Stalin’s son in a film production company namely Red Giant Movies”
Neither Stalin nor his son Udhayanidhi Stalin were never examined by either the CBI or the Enforcement Directorate.
In spite of so much evidence why did the Special Court Judge OP Saini claimed that there is not a shred of evidence ? He may be a Kumarasamy who portrayed Jayalalitha as saint incarnate in her disproportionate assets case appeal.
In this case, it was Kalaignar’s sister’s son Amirtham and Dhayalu Ammal who should have went to prison and not Kanimozhi. Kanimozhi had no role in receiving Rs. 200 crores from Cineyug films. She was a Director in Kalaignar TV for a brief period between 06.06.2007 to 20.06.2007.
Look at what Amirtham said in his cross examination during the trial.
When the first part of 200 was moved from DB realities to Kusegaoun Fruits & Vegetables commenced on 23.12.2008. Then the money was moved to Cineyug Films and ultimately to Kalaignar TV. By this time, Kanimozhi was not a Director in Kalaignar TV.
But why was neither Amirtham nor Dhayalu Ammal arrested and Kanimozhi arrested and spent six months in Tihar Prison ?
Karunanidhi asked Kanimozhi to go to prison to save his octogenarian wife. Due to the abundant love for his father, Kanimozhi acceded.
This is the reason why in the Kalaignar TV charge sheet everywhere the CBI had mentioned “Ms.Karunanidhi”. It can either be construed conveniently as Kanimozhi Karunanidhi or Dhayalu Karunanidhi.
The BJP / RSS knows all this very well. Even if DMK comes back to power with a full majority, it has to be a slave of BJP and if they fail, the 2G scam and other scams will be reopened and even Stalin may go to jail. If the CBI or any other agency interrogates Raja Shankar, benami of Stalin and turns him as an approver, Stalin may have to spend a long time in prison. DMK & Stalin has too many skeletons in their cupboards and they will never be able to antagonize the BJP or Modi.
Can the DMK afford to antagonize BJP ? Will they stand like a wall and take on the fascist forces as they claim vociferously in the campaign ?
I leave it to the readers to decide.