New Delhi: In a huge relief to former Samajwadi Party leader Amar Singh, L. K. Advani's ex-aide Sudheendra Kulkarni and three BJP leaders including two MPs, a Court here on Friday gave a clean chit to them in the 2008 cash-for-vote scam, saying facts on record do not create sufficient grounds for proceeding against them.
While discharging Kulkarni, BJP leaders Ashok Argal, Faggan Singh Kulaste (sitting MPs), former BJP MP Mahabir Singh Bhagora, and party activist Sohail Hindustani, the court said they had "the intention to expose horse trading" which was corroborated by the fact that currency notes were taken to Parliament House and tabled to be viewed by the entire nation.
However, of the 7 accused, only one, Amar Singh's former aide Sanjeev Saxena was ordered to be proceeded against under section 12 of Prevention of Corruption Act (abetment of offence relating to illegal gratification to a public servant).
He was discharged of criminal conspiracy. The cash-for-vote scam pertains to the BJP MPs displaying wads of currency notes during the July 22, 2008 trust vote in the Lok Sabha after the Left Front withdrew its support to UPA-I government on the issue of Indo-US nuclear deal.
While Singh and Kulkarni spent 49 and 52 days respectively in jail before they were granted bail, Kulaste, Bhagora and Hindustani spent two-three months in jail. Argal was granted anticipatory bail.
"...on study of record on the case and the documents submitted and after hearing the parties, this court has come to an opinion that facts that have emerged on record do not create sufficient grounds for proceeding against Sudheendra Kulkarni, Sohail Hindustani, Faggan Singh Kulaste, Mahabir Singh Bhagora, Amar Singh and Ashok Argal.
"They are accordingly discharged of all the offences," Special Judge Narottam Kaushal said while absolving them of charges of criminal conspiracy and various provisions of the Prevention of Corruption Act.
Discharging Amar Singh, the court said there is "No evidence on record regarding promise if any made by Amar Singh to the two BJP MPs (Faggan Singh and Mahabir) for sending any bribe money through his assistant and co-accused Sanjeev Saxena."
The court also gave similar relief to Kulkarni, saying "meeting of minds or agreement between accused persons, news channel, and three BJP MPs was only regarding collection of evidence on horse trading and exposing leaders of Congress Party and Samajwadi party who were indulging in corrupt activity to lure vulnerable MPs of other parties."
It, however, charged Saxena under section 12 of the Prevention of Corruption Act stating "the un-impeachable evidence on judicial record against Saxena is the audio-video recording wherein he along with a person in yellow shirt delivered a bag containing Rs 1 crore at the house of Ashok Argal.
He is caught on camera placing cash on table before the three MPs." "No explanation has come on record as to why and for what purpose the amount had been carried by him," the court said.
It, however, discharged Saxena of the charge of criminal conspiracy as it noted, that "the effort to trace money trail having failed, the principal offender who attempted to bribe BJP MPs could not be brought before the court."
Regarding Sohail Hindustani, the judge said later part of his involvement in sting with news channel team and orchestrating meeting with Congress and Samajwadi Party leaders indicates that he was also intending to expose 'horse trading' in tandem with BJP MPs.
Relying on statement of witnesses, it said it cannot be said that he was making an attempt to obtain illegal gratification for the three BJP MPs. "In my opinion, his parleys and meetings with aforesaid witnesses at the most express his intention to indulge in such activity.
"His presence with the accused BJP MPs during later part of events with the knowledge that proceedings were being recorded by the news channel team and his active participation indicates that he was one of the actors playing his role in the drama being enacted to entrap bribe givers," the court said.
