The special court hearing the multi-crore JMM MPs bribery case was yesterday requested to take action against Congress president Sitaram Kesri for his alleged involvement in the case following the confessional statement of Shailendra Mahato.
Special judge Ajit Bharihoke issued notice to the CBI to file its reply by April 25 on the applications of Abhey Pratap Singh and Anadi Charan Das, who moved a plea in the court yesterday seeking summoning of Kesri under Section 319 of Criminal Procedure Code (CrPC).
The court had granted pardon to Mahato on Tuesday and made him an approver after admitting his confessional statement recorded on March 22.
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Moving the application, Surat Singh, the counsel for Abhey Pratap and Das told the court that Mahato in his confessional statement recorded on March 22 had stated that Kesri had promised the four JMM leaders that the then Prime Minister P V Narasimha Rao will fulfill all the promises he has made to them.
According to the statement of Mahato, Singh said the promise was made by Kesri to JMM leaders Shibu Soren, Suraj Mandal, Simon Marandi and Mahato on July 28, 1993 in the central hall of Parliament, before the voting on the no-confidence motion against the Rao government took place on that day.
According to Mahatos confession, Suraj Mandal had then told Kesri that well everything has been fixed, we should vote for the Congress. Before issuing notice to the CBI, the judge asked Singh whether it was the appropriate stage to initiate proceedings under Section 319 of the CrPC against a person not named in the charge-sheet. Singh said the court has powers to initiate proceedings against any person whose involvement is suspected in an offence at any stage of the inquiry or trial. At this the court fixed the arguments on the application for April 25.
A similar petition seeking action against Kesri under Prevention of Corruption Act and 120-B (criminal conspiracy) of Indian Penal Code, for his alleged involvement in the JMM MPs bribery case, was also moved in the court of Delhi district and sessions judge, K P Verma, by a lawyer O P Saxena.
Verma has fixed the hearing on the petition for today. The petitioner also cited the confessional statement of Shailandera Mahato as the basis for initiating legal proceedings against the Congress president. The petitioner said there was sufficient ground to take action under Section 319 of CrPC against Kesri after the statement of Mahato.
The petitioner said since Kesri was the Congress party treasurer at the relevant period there was possibility of his involvement.