Two judges of the Supreme Court, who were scheduled to hear on Monday the bail plea of Dravida Munnettra Kazhagam Member of Parliament Kanimozhi, an accused in the 2G spectrum allocation scam, on Friday recused themselves from the hearing.
Instead, Justice G S Singhvi, whose bench has been monitoring the case, will hold a special hearing on Monday along with Justice B S Chauhan to decide the bail applications of Kanimozhi and Kalaignar TV Managing Director Sharad Kumar.
According to informed sources, Justices P Sathasivam and A K Patnaik conveyed their decision to recuse to Chief Justice S H Kapadia, following which he constituted another bench with Justice Singhvi.
Earlier in the day, the Central Bureau of Investigation filed an affidavit in the apex court opposing the bail pleas of Kanimozhi and co-accused Sharad Kumar on the ground that if released, they could tamper with evidence and influence witnesses.
The investigating agency contended that Kanimozhi and Kumar were key conspirators and Rs 200 crore transferred to Kalaignar TV was part of the "bribe" amount and not a loan as claimed by the accused.
The agency said since the investigation into the 2G case is at an advanced stage, it will not be proper for the apex court to grant bail to the accused.
The apex court had on June 13 asked CBI to explain where the Rs 200 crore, allegedly diverted to DMK-owned Kalaignar TV in 2G scam, has gone and also to file a response on the bail pleas in a week's time.
A bench of justices B S Chauhan and Swatanter Kumar had also asked the CBI to come out with a status report on the loss to the state exchequer due to the award of 13 licences to one of the telecom operators and on the trial proceedings in the CBI special court.
Kanimozhi and Kumar had moved the apex court seeking bail on June 10 challenging the Delhi high court verdict rejecting their bail on the ground that they have strong political connections and the possibility of them influencing witnesses cannot be ruled out.
