New Delhi, April 16
A Delhi court has discharged three former MPs in a matter connected to the JMM bribery case.Special Judge Dinesh Dayal discharged Simon Marandi, Suraj Mandal and Shibu Soren, all former MPs of the Jharkhand Mukti Morcha (JMM). The CBI had alleged that the MPs had taken over Rs 4 crore in 1993 to vote against a no-confidence motion against the then Rao Government.
Discharging the MPs, the court said “Article 105 (2) of the Constitution of India clearly prohibits inquiry into the motive behind voting pattern of MPs”. An MP shall not be answerable in a court of law for something that has nexus to his speech or vote in Parliament, the court said.
The assets for which the accused were sought to be tried have a direct nexus to their vote in Parliament and the prosecution of the MPs which would require them to reveal this nexus would also be prohibited by Article 105 (2) of the Constitution, the court added.
On September 29, 2000, a Delhi court had convicted former Prime Minister P V Narasimha Rao and the then MP (Lok Sabha) Buta Singh in the JMM bribery case. On the day of pronouncing the quantum of sentence the court directed the CBI to probe into the allegations against the JMM MPs.
The JMM MPs contended that the money was all political donations, which they
accepted on behalf of their party. But the CBI said the argument of the MPs was false and the documents submitted in support of that contention were forged. However, the High Court acquitted Rao and Buta Singh and the CBI chose not to file an appeal in the Supreme Court. —
PTI
