New Delhi, May 27: The Delhi HC was right in shooting down the DMK MP’s plea of ‘motherhood’. Why grant the undue favour?
“Treat my bail as a reward for my sex, for my motherhood, and for my clean image. I have not interfered with the evidence nor will do so.”
This was DMK MP Kanimozhi’s plea before the Delhi High Court; a 11-year-old son fending for himself in Chennai. (It didn’t matter whether her immediate as well as extended family resides right there)
With her husband based in Singapore, who would care for her child? This was her best bet — the court would shed a tear and release her on ‘humanitarian grounds’. Though Ram Jethmalani presented Kanimozhi’s ‘plea of motherhood’ most earnestly, it failed to impress not just the courts but even her peers.
“Sex is one of the grounds which may be considered at the time of grant of bail. However, considering the magnitude of the crime and the allegations against her, I am unable to show any consideration to her on this ground,” special CBI Judge OP Saini ruled.
Precisely. The ‘magnitude of the crime’ strikes down Kanimozhi’s every emotional argument in court.
The ‘Oh! I’m a woman’ episode negates all the effort taken over centuries to wipe off the ‘weaker sex’ tag. At a time when women are finally forging their own identities and falling back on themselves for support, the argument derides all that has been fought for f women have attained equal standing in work, pay, education, etc. there is no way a woman can be above the law. That would be the sheer defeat of the struggle thus far. Kanimozhi finds no supporters here.
As for Kanimozhi’s ‘clean image’, time to rephrase that. Once accused of being a beneficiary of the largest telecom scam in Indian history, you no longer remain clean. In fact, her father failed to return to power in Tamil Nadu because of a couple of not-so-clean images within the ranks. A whole lot of work lies ahead to become squeaky clean again.
Gender and motherhood aside, the argument of ‘not tampering with evidence’ falls flat as well. There are five corporate honchos rotting in Tihar for exactly that reason. If Sanjay Chandra, Vinod Goenka and Co. are denied bail repeatedly citing the same argument, why should the court think any different about the DMK MP?
Simply put, there is only one question on everyone’s mind. What makes Kanimozhi special?
If A Raja, Shahid Balwa, Sanjay Chandra, etc are facing the heat in jail, then according to law, Kanimozhi must too. In addition, when Niira Radia’s turn comes up (a Delhi court is yet to decide on making her an accused), she will also face the music ‘as a woman’.
Perhaps for once TN CM and the DMK arch rival J Jayalalithaa sums it up right. “In politics, you cannot expect any concession to be shown because you are a woman. Similarly, where criminal aspects are concerned you cannot expect leniency because you are a woman.”
She would know! Karunanidhi spared no efforts to drag her to court and slap charges. The AIADMK chief spent two weeks in jail in December 1996.
Kanimozhi has for long been the darling of the media and people; the most educated of Karunanidhi’s children and his apparent lyrical heiress (she has been penning poems even in Tihar).
She could do herself a huge favour by fighting this legal battle on evidence and evidence alone, and not play ‘victim’ — wielding her sex for sympathy. She would perhaps regain some respect then.
So it remains Tihar’s Jail No. 6 for Ms Kanimozhi. She must remember, human justice comes above gender justice. There are just no two ways about it.
–Source: Flashnewstoday