NEW DELHI, Dec 9: The Supreme Court today began its exercise to ``qualitatively interpret'' Article 105 of the Constitution granting immunity to MPs against civil and criminal prosecution for conduct inside Parliament. The apex court will simultaneously examine whether the Prevention of Corruption Act was applicable to MPs and State Legislators.The exercise began before a five-judge constitution bench headed by Justice S C Agrawal in the JMM bribery case.

Former prime minister P V Narasimha Rao and 20 others had filed appeals before the SC against a Delhi HC judgment upholding an order of a special court here to frame charges against them in the case. The main thrust of the arguments of senior counsel P P Rao, who is representing Rao, was that any conspiracy connected with the business of Parliament was not within the jurisdiction of any court unless the house itself made a reference for adjudication.

The counsel submitted that Article 105 of the Constitution granted immunity to MPs not only in respect of the manner of voting inside parliament, but also the motivation behind it.

Meanwhile, special judge Ajit Bharihoke today dismissed a plea by petitioner Abhay Pratap Singh seeking to summon AICC chief Sitaram Kesri under Section 319 CrPC, in the light of JMM MP-turned-approver Shailendra Mahato, for his alleged role in the JMM case. Bharihoke said that there was nothing in the charge-sheets to corroborate the version of approver Shailendra Mahato to take cognisance against Kesri.

He said that the CBI thoroughly probed the case and no evidence was brought to light on Kesri's being aware of the conspiracy. Approver Shailendra Mahato had said that on the day of voting, he was called by Kesri in the Central Hall of Parliament to talk on saving the Govt.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.