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Court still to decide on Mahato turning approver

Additional Sessions Judge Ajit Bharihoke has said he could permit former Jharkhand Mukti Morcha MP Shailendra Mahato to turn approver in the 'MPs bribery case' only if he was satisfied that the accused had information which would ''help me further in just adjudication of the matter''.

''Accordingly, the application of accused Shailendra Mahato is marked to learned chief metropolitan magistrate for recording his statement under Section 164 CrPC (Criminal Procedure Code),'' Bharihoke said in his order.

The judge said the recording of the statement should be completed within a week and till then further arguments on his application, moved on Tuesday, would be kept pending.

Bharihoke issued the order even as Central Bureau of Investigation counsel A K Dutt submitted that Mahato had already given in his application certain details which would strengthen the prosecution case.

CBI counsel Dutt said the bureau is in favour of permitting Mahato to become a prosecution witness in the case in which former prime minister P V Narasimha Rao and 20 others, including the former JMM MP, are named as accused for allegedly giving or taking bribe amounting to tens of thousands of rupees to defeat the no-confidence motion against the Rao government on July 28, 1993.

Earlier, in the day, arguments were advanced against framing of charges by counsel for former federal minister Ram Lakhan Singh Yadav and Ram Saran Yadav.

Ashok Arora, counsel for the former minister, said almost the entire statements of the nearly 300 witnesses submitted by the CBI were based on mere ''hearsay'' and not even circumstantial evidence had been produced.

Quoting a Supreme Court judgment and constitutional provisions, he said members of Parliament and legislative assemblies were not public servants and as such did not come under the purview of the Prevention of Corruption Act.

With his submissions, arguments on charges have been completed in respect of all the accused except former Haryana chief minister Bhajan Lal which is to be heard on Thursday.

UNI

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