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Saturday, June 5, 1999

Mandal, Soren discharged in JMM case

UNITED NEWS OF INDIA  
NEW DELHI, JUNE 4: A CBI court on Friday discharged former Chemicals and Fertilizers minister Ram Lakhansingh Yadav and five other former MPs from the JMM MPs bribery case.

The trial court of Additional Sessions Judge Ajit Bharhoke also dropped corruption charges against former Jharkhand Mukti Morcha (JMM) MPs - Suraj Mandal, Shibhu Soren and Simon Marandi - but ruled that they would be tried under Section 193 of IPC for fabrication of false evidence.

The other former MPs discharged by the trial court are: Abhay Pratap Singh, Anadi Charan Das, Roshan Lal, Ramsaran Yadav and Haji Ghulam Mohammed (all belonging to the then break-away group of Janata Dal-A).

The court gave its verdict in the light of a Supreme Court ruling that MPs receiving bribe to vote in Parliament enjoyed constitutional immunity from prosecution under Article 105(2) and the applications moved by the alleged bribe-takers in the case.

The court, however, rejected the discharge plea of former Union Minister Ajit Singh as there was nolink between his alleged receipt of bribe and voting on the July 28, 1993 no-confidence motion against the then P V Narasimha Rao Government. While all those who allegedly received bribe voted against the motion, Ajit Singh voted for the motion.

In view of this, Ajit Singh "is not entitled to immunity", the court ruled.

Fixing July 5 for further hearing in the case, the Judge directed the CBI to amend the charges against the rest of the accused in the case in the light of the discharge of six people.

The CBI had filed three charge-sheets in the case, naming 21 as accused, including Narasimha Rao. Subsequently former JMM MP Shailendra Mahato turned approver, bringing down the number of accused to 20.

Following Friday's discharge order, the trial would now continue against 14 accused - Narasimha Rao, former Union ministers Satish Sharma, Ajit Singh and Bhuta Singh, former chief ministers Bhajan Lal of Haryana and M Veerappa Moily of Karnataka, Suraj Mandal, Shibu Soren, Simon Marandi, former KarnatakaMinisters H M Revenna and Ramalinga Reddy, Bangalore-based liquor barons D K Audikesavalu and M Thimme Gowda and Rajeshwara Rao, a relative of Narasimha Rao.

The CBI has alleged that Mandal, Soren and Marandi had tampered with the JMM party records to show that the deposits made in their accounts at a bank in Delhi were party funds.

In a three-two majority verdict, a Constitution bench of the Supreme Court had ruled on April 17 last year that Article 105(2) of the Constitution provided immunity from prosecution to MPs taking bribe for voting in Parliament. The Apex Court, however, had maintained that Rao and other accused of bribing the MPs were liable to prosecution.

The trial court had reserved its judgment on May 31 this year after conclusion of arguments on the petitions filed by nine MPs seeking discharge in the light of the Supreme Court ruling.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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