Cash for vote: Revision plea to be filed

NEW DELHI: In his latest challenge to Congress and BJP on the corruption front, Delhi chief minister Arvind Kejriwal is learnt to have given his nod on Tuesday to challenge the discharge order passed over two months ago in the cash-for-votes scam.

Based on a six-page opinion of standing counsel Dayan Krishnan, the Delhi government's decision may cause discomfort in both national parties as three BJP MPs had been allegedly bribed through former SP leader Amar Singh to help the Manmohan Singh government survive a no-confidence vote in 2008 in the wake of the Indo-US nuclear deal.

A revision petition will shortly be filed in the Delhi high court against the November 22 decision of special judge Narottam Kaushal discharging Amar Singh, L K Advani's aide Sudheendra Kulkarni, BJP MPs Ashok Argal and Faggan Singh Kulaste, former BJP MP Mahabir Singh Bhagora and BJP activist Sohail Hindustani.

This was the scam in which Argal, Kulaste and Bhagora had infamously waved wads of currency notes in the Lok Sabha apparently to expose horse trading. The trial court accepted the claim of BJP-related accused that they had been engaged in a whistle-blowing operation. Even as it ordered his former aide Sanjeev Saxena to be tried, the court discharged Amar Singh saying that the circumstances against him did not go beyond the "realm of suspicion".

Disagreeing with the decision to discharge six of the seven accused persons, Dayan said that the trial court had "virtually conducted a mini trial at the stage of charge which is contrary to the settled legal position". Since the sting was conducted by CNN IBN, Dayan advised that the available evidence in the form of audio visual CDs could not have been "discounted at the stage when clearly prima facie evidence existed for a charge to be framed".

The legal opinion also relied on the enquiry report of a parliamentary committee which rejected the plea taken by BJP-related accused persons that it was a whistle-blowing operation. Dayan said that the accused would have to establish this plea during the trial. At the stage of framing charges, "there exists a presumption," he said, "that on the basis of material the accused have committed the offence".

The six discharged persons, he said, could be divided into two groups. The first comprised the three BJP members who had accepted the money. The second group consisted of Amar Singh, Kulkarni and Hindustani, who "induced" the three MPs to accept the bribe.