HC issues notices to CBI, Rao on JMM case pleas

The Delhi high court on Wednesday issued notices to the Central Bureau of Investigation and former prime minister P V Narasimha Rao on two petitions seeking quashing of criminal proceedings against the petitioners. The petitions involved the case regarding allegations that Jharkhand Mukti Morcha members of Parliament were bribed, and the setting aside of the special court order on framing of charges.

Justice Jaspal Singh asked the CBI and Rao to reply to the petitions filed by former Congress MPs Anadi Charan Das and Ram Sharan Yadav, accused in the JMM MPs bribery case, on or before August 8, when the notices are returnable.

The court, however, refused the petitioners's plea that records be summoned in the case, contending it was not required at present.

The petitioners urged the court to set aside the order of framing of charges on the grounds that the additional sessions judge had overlooked the basic principle that to involve anybody in a criminal conspiracy, prosecution must prove at least prima facie that there was an agreement to commit any illegal act.

It was submitted that nowhere in the 37-page order could the judge point out that the petitioners entered into an agreement with other co-accused to commit any illegal act. The entire case was based on mere allegations, conjecture and rumours.

The petitions said even at the stage of framing of charges, the judge should have satisfied himself whether there was any sufficient evidence to frame charges against the petitioner. The judge did not do so and by a 'sweeping generalisation' the name of the petitioners was also included in the list of those accused persons who were to be charged.

Hence the order of the trial court was ''illegal and in contravention with the well established principle of law" and it deserves to be quashed by the court, counsel for the petitioners Surat Singh stated in the court.