Rao, Buta plead for leniency in JMM case

Rao, Buta plead for leniency in JMM case
PRESS TRUST OF INDIA

NEW DELHI, OCT 11: Counsel for former prime minister P V Narasimha Rao and his cabinet colleague Buta Singh in the JMM MPs bribery case pleaded in the special court for a "lenient" view and release of their clients on probation with just admonition.

Counsel for Rao and Singh pleaded before Special Judge Ajit Bharihoke that considering "the age, medical history and meritorious services to the country" by their clients, the court should take a "lenient" view and award them the "minimum" sentence under the provision of Section 360 of the Criminal Procedure Code (CrPC) which provides release on probation of good conduct or after admonition.

Rao's counsel R K Anand told the court that considering 65 year-long service to the nation rendered by his client, his ill-health, age and family background, he deserved to be awarded minimum sentence as "it should not have been a case of conviction" going by the evidence on record.

"The links between the alleged conspiracy and the bribe money are missing" and the issue whether the money frozen in the bank accounts of the four JMM leaders was "bribe or donation" had not yet been decided by the court.

The court had on September 29 convicted Rao and Singh holding them guilty of bribing four JMM MPs to get their support for the minority Congress government in July 1993 while acquitting nine others including former Union Ministers Ajit Singh, Capt Satish Sharma, former Haryana and Karnataka Chief Ministers Bhajan Lal and M Veerappa Moily respectively giving them benefit of doubt.

However, former JMM MP Shailendra Mahto, the approver in the case, in his submission today said the amount deposited in the bank accounts of the former JMM MPs was "bribe money" and he had no objection if his share of Rs 50 lakh was confiscated.

Senior advocate Rajender Singh appearing for Buta Singh while taking an identical stand as that of Rao said nowhere in the evidence his client was linked to any money transaction.

Rao and Singh's counsels said according to section 360 of the CrPC, the court has the jurisdiction to release a convict, if he is an offender for the first time, on probation of good conduct or after admonition for an offence punishable with fine only or with imprisonment for not more than seven years.

Describing the case as one of its kind in the country, Anand said his client "should not have been convicted" as the "agreement to offer the bribe" in the alleged conspiracy meeting and the source of money had not been established.

He said if the court decided in future that the money deposited in the bank by the four JMM MPs was only a donation and not bribe, the sentence would amount to grave injustice to Rao and Singh.

CBI prosecutor R M Tiwari said the court had to decide the quantum of sentence keeping in view the gravity of offences, punishment for which varied between six months to seven years.

Citing several Supreme Court judgements, Tiwari said "virus of corruption is compared to that of AIDS which spreads like wild fire" and the quantum of offence should be decided in the larger interest of the public.

He said unfortunately the convicts were high dignitaries, who deceived the whole country by committing the crime and sought a punishment which could have a deterrent effect.

But this was contested by Rajinder Singh and R K Anand who claimed that Rao had been described as the best Prime Minister for the achievements India made during his tenure from 1991 to 1996.

Rajinder Singh said assuming that the JMM MPs were paid money "then this could be described as a case of extortion" by some MPs and those in government had no way out but to save the country from another election.