The CBI yesterday reiterated before the Delhi High Court that there was enough evidence against the accused, including former Prime Minister P V Narasimha Rao, in the multi-crore MPs bribery case and said the trial court had rightly framed charges against them.
Refuting claims of many of the 16 accused, who have challenged framing of charges against them, CBI counsel A K Dutt submitted before Justice Jaspal Singh that there were even eye-witnesses to the transaction of the bribe amount.
Concluding arguments on behalf of CBI, Dutt said the contention of former Karnataka Chief Minister Veerappa Moily claiming no knowledge of the conspiracy regarding bribery was wrong as he had played a key role in arranging the bribe money from his state.
According to law, any role played in the commission of an offence would make the person liable for the entire offence, the counsel said. Citing various high court decisions, the counsel said it has been widely held that MPs and MLAs were public servants even though they did not hold office or there was no appointing authority.
Rao and other accused would reply to the CBI contention today.
The CBI counsel said MPs and MLAs cannot claim immunity under Article 105 of the Constitution for an alleged criminal offence.
He told Justice Jaspal Singh that the petitionerss contention to claim immunity from judicial proceedings in the case was not based on law.
Accepting and giving bribe is a criminal offence and courts have every right under law to take action against the legislators in such offences, Dutt said.
The counsel, defending the decision of the trial court to frame charges against the accused, said the Constitution only safeguards legislators privileges for any act done inside Parliament in regard to their speech and casting of vote.
Paying and accepting bribe in any manner cannot be described as an act done as part of the legislature work, he contended. Dutt further said that MPs and MLAs are public servants within the definition of Prevention of Corruption Act as laid down by Orissa and Delhi high courts in their judgements.
