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High Court Stays Proceedings In Jmm Case

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BSCAL

The Delhi High Court yesterday stayed trial proceedings in the multi-crore JMM MPs bribery case till further orders while issuing notice to CBI on two applications of former premier Narasimha Rao, seeking quashing of charges framed against him in the case by the designated trial court.

Justice Mohammed Shamim directed CBI to file replies by August 8 to the two applications of Rao, seeking quashing of charges framed against him as well as challenging the grant of pardon to one of the accused, Shailendra Mahato, by the trail court.

The trail court had framed charges against Rao, former Haryana Chief Minister Bhajan Lal, former Karnataka Chief Minister Veerappa Moily, four former cabinet colleagues of Rao, eleven former MPs and two businessmen.

 

The trail court had fixed May 14 for formal commencement of the trial after individually asking the view of each accused whether he wanted to plead guilty or face trial.

Claiming immunity under Constitution, the former premiers counsel, R K Anand, contended that Article 105(2) provided that views expressed by MPs in Parliament and the manner in which they vote in the Lok Sabha or the Rajya Sabha could not be questioned in any court of trial.

On the application challenging the grant of pardon to Mahato, who has turned an approver in the case, Anand contended that the trial court had erred in allowing the statement of the approver to be recorded under Section 164 of Criminal Procedure Code after the commencement of the trial.

The counsel said Section 164 of CrPC provided that the statement of an accused could be recorded either during the course of investigation or before the trial and definitely not after the trial had commenced.

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First Published: May 13 1997 | 12:00 AM IST

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