M A I N   N E W S

Quantum of sentence today
Rao, Buta’s conviction
Tribune News Service

NEW DELHI, Oct 11 — A Special Court in Delhi will tomorrow pronounce the quantum of sentence to be awarded to the former Prime Minister, P.V. Narasimha Rao, and a former Union Minister, Buta Singh, who have been convicted in the JMM MPs’ bribery case.

The Special Judge, Mr Ajit Bharihoke, reserved the order for tomorrow after counsel for Rao and Buta Singh pleaded for a lenient view and their release on probation with just admonition.

Considering “the age, medical history and meritorious services to the country” by their clients, the court should take a “lenient” view and award them the “minimum” sentence under the provision of Section 360 of the Criminal Procedure Code (CrPC), which provides release on probation of good conduct or after admonition, the two counsels submitted.

The CBI Special Public Prosecutor, R.M. Tewari, while leaving it to the court to decide on the quantum of sentence to be awarded to the two convicts, described them as “deceivingly respectable members of the community who are generally opposed to socio-political order.”

Quoting various Supreme Court judgements, the CBI counsel submitted that corruption spreads like wild fire in society. It destroys the national economy, the cultural heritage and socio-political environment.

The Vigyan Bhavan complex, where the JMM MPs’ case trial is being held, turned into a virtual fortress today with the deployment of Rapid Action Police personnel and the presence of third battalion of the Delhi Armed Police apart from the SPG and other security personnel.

The Delhi Armed Police was present to take custody of the two convicts if the quantum of sentence was more than three years. In case, it is less, the judge can grant bail to the accused to appeal to higher court. The maximum sentence that can be awarded to the accused is seven years for their conviction under Section 120-B of the Indian Penal Code and various Sections of the Prevention of Corruption Act.

On the question of whether a SPG protectee, Rao has to be lodged only in Asia’s biggest prison, Tihar Jail, if sentenced to a jail term, legal experts said the government would declare any public property as jail through a notification.

A criminal lawyer, Mr V.K. Ohri, said there have been precedents of the government notifying public property as jail like those arrested during Emergency or the recent arrest of former Bihar Chief Minister, Mr Laloo Prasad Yadav.

However, in all previous cases such an arrangement had been for only undertrials and none, so far, for convicts, he added.

However, former JMM MP Shailendra Mahto, the approver in the case, in his submission today said the amount deposited in the bank accounts of the former JMM MPs was “bribe money” and he had no objection if his share of Rs 50 lakh was confiscated.