NEW DELHI, May 9: Former prime minister P V Narasimha Rao today moved the Delhi High Court seeking quashing of charges framed against him in the multi-crore Jharkhand Mukti Morcha (JMM) MPs bribery case and also a stay on the trial court proceedings.

Rao has, in a separate application, also challenged the grant of pardon by the Trial Court to Shailendra Mahato, one of the then JMM MPs who had admitted to receiving Rs 40 lakh to vote for the minority Congress government during the no-confidence motion on July 28, 1993.

The cases might come up for hearing on Monday.

Rao, challenging the framing of charges against him on Tuesday by a Designated Court, said as the then prime minister he was ``obliged and duty bound to defend the government on the floor of the House and also to seek and garner support from all quarters.''

The former premier, who is facing trial under Section 120B of the Indian Penal Code (Conspiracy) and various sections of Prevention of Corruption Act, 1988, said there was no evidence on record which would lead to framing of charge (against him).

Special Judge Ajit Bharihoke had framed charges against Rao, former Haryana chief minister Bhajan Lal, former Karnataka chief minister Veerappa Moily, four former Cabinet colleagues of Rao, 11 former MPs and two businessmen in the case.

Rao said the three chargesheets filed by the Central Bureau of Investigation (CBI) on October 10 and December 12 last year and January 22 this year contradicted one another and ``clearly showed'' that the prosecution wanted to improve their own case.

Challenging the order of the Trial Court dated April 8 granting pardon to Shailendra Mahato, Rao said there was more evidence against Mahato than him and certain other accused and hence there was no justification in granting pardon to Mahato.

The former premier said the trial court failed to appreciate a well settled principle of law that pardon ought not to be granted to a person against whom there was some evidence to show his guilt and to use it as evidence against other accused.

Rao alleged that Mahato gave the confessional statement under threat or inducement from CBI and said a petition filed by Mahato's wife in the National Human Rights Commission (NHRC) levelling certain allegations against the investigating agency proved it.

He said Mahato should not be pardoned as on his (Mahato's) confessional statement the CBI had conducted the investigations and filed the three chargesheets.

Challenging framing of charges against him, Rao said the order of the trial court was contrary to the facts and law.

He said meeting of MPs of political parties to elicit information regarding the local demands or issues and trying to find a solution thereto was a part and parcel of the duties of the prime minister.

The four JMM leaders, Mahato, Suraj Mandal, Shibu Soren and Simon Marandi, had earlier stated that they voted for the Rao government as it had promised the Jharkhand Area Autonomous Council (JAAC).

The mere fact that petitioner (Rao) met certain MPs would no way lead to an inference that any conspiracy was entered into or any bribes were paid, the application said.

Moreover, Rao said alleged mobilising of funds in Bangalore by Veerappa Moily and delivered at the residence of one of the then JMM MPs could not be taken as evidence against him.

Lastly, he had invoked the privileges and immunities of MPs provided under Article 105 of the Constitution.

The former premier said the Trial Court erred in coming to a conclusion that article 105 would not apply to the present situation and did not extend to the conduct of members of Parliament outside the House in trying to influence the conduct of other members inside the House.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.