Kalpnath Rai makes judicial history

Syed Firdaus Ashraf in New Delhi

At 10 am at 36, Aurangazeb Road, former Union minister Kalpnath Rai, downed his tea, donned his white kurta and pyjama, met visitors and then drove to Parliament and then to Additional Session Judge S N Dhingra's TADA court where the case regarding his harbouring several gangsters was being heard.

Ordinary enough for him. And then Rai walked into Indian judicial history: He became the first former federal minister to be jailed, bagging 10 years rigorous imprisonment, with a fine of Rs 1 million as a bonus. And characteristically enough, Rai vowed, “I will challenge it in the Supreme Court.”

The charges against Rai under section 3(4) states that he harboured gangsters involved in the killing of a patient at the JJ hospital in Bombay on September 12, 1992, at the National Thermal Power Corporation guest house, Nehru Place, New Delhi. His advocate H R Khan Sohail told Rediff On The NeT,"We are going to challenge the verdict by the way of a special leave petition (in the Supreme Court).” His confidence stems partly from the fact that the Supreme Court had granted Rai bail on May 6, 1996.

The judgment again brings in to the limelight a conflict going between the judiciary and parliamentarians whose cases are pending in the courts. Earlier, Judge Dhingra had judged that most of the time the nation’s most prestigious institutions, the Lok Sabha and the Rajya Sabha, have been wasted at a huge cost of national exchequer. Many annoyed parliamentarians held up proceedings in Parliament, protesting against the judge's statement.

He irked the MPs further by stating, “In today's India, member of Parliament and ministers think it is a privilege if they get a chance to sit at the feet of underworld dons and big businessmen. They like to get secret donations and blessings from them."

The Delhi high court expunged the judgment and admonished the judge for making such remarks. Further, the high court passed an order that in the case involving Kalpnath Rai, there was no occasion for the judge to make such comments either against Parliament or its proceedings.

Supreme Court lawyer Indira Jaising praised Monday's judgment, saying, “The implication of the judgment is clear that no one is above the law. And politicians must do their duty and look for the betterment of the country instead of involving themselves in other anti-social activities.”

“Perhaps Kalpnath Rai is the first Indian parliamentarian to be sentenced to 10 years imprisonment,” said Dinesh Mathur, counsel for former telecommunication minister Sukh Ram who has been charged with corruption. Some solace for Sukh Ram, that.