NEW DELHI, May 29: The Government has been sitting on the CBI's draft special leave petition (SLP) on the Jain Hawala case even though the Attorney General had okayed it after the Delhi High Court had discharged L K Advani and V C Shukla. As the Government drags its feet, several other politicians -- Madan Lal Khurana, Arjun Singh, Madhav Rao Scindia, N D Tiwari and R K Dhawanhave been discharged too.

Sources say on April 19, the Central Bureau of Investigation sought the Government's sanction to file the SLP against the High Court's ruling discharging Advani and Shukla on April 8. Attorney General Ashok Desai upheld the CBI's decision to file the SLP saying it was a ``test case'' and that it was likely to affect the outcome of several other cases.

Sources say the file is at present with the Central Registry Section. They say the Law Ministrywhich had referred the matter to the Attorney General -- also ``concurred'' with his opinion and suggested that an SLP be filed.

Here's the story so far on the SLP: April 12: The day after the fall of the Deve Gowda Government, Cabinet Secretary T.S.R. Subramanian, Law Secretary V.K. Aggarwal and Home Secretary K. Padmanabhiah decide that the Government would file an SLP in the case on two matters. (A) Challenging the definition of a legislator as a public servant falling under the purview of the Prevention of Corruption Act as defined by the High Court judgment. (B) Challenging the discharge of Advani and Shukla.

April 19: The CBI sends draft SLP based on the supervisory legal cell's opinion to the Law Ministry.

The Law Ministry refers it to the Attorney General. The Attorney General gives the go ahead. The draft SLP a copy of which is available with The Indian Expressstates that the standard of evidence of the controversial diaries should only be considered during the actual trial and not at the stage of framing of charges. The draft also says the diaries are admissible evidence under Section 10 of the Evidence Act and that they possess ``inner coherence'' which is backed by ``serious corroboratory evidence.'' Besides, the CBI also claims to have found changes in the spending pattern of some of the 42 accused.

Among the politicians against whom charges are still pending are Sharad Yadav, Balram Jhakar, Ajit Panja, Buta Singh, Jaffer Sharif, Devi Lal and P Shiv Shankar.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.