Former Prime Minister P V Narashimha Rao and several others accused in the JMM bribery case today moved the Supreme Court against the judgment of the Delhi high court permitting the framing of charges against them.
Apart from Rao, the others who are involved in the case are Satish Sharma, Bhajan Lal, four JMM ex-parliamentarians and several leaders of various political colour. Most of them have moved the apex court.
The Chief Justice told Raos counsel that all corruption cases are being heard by a bench presided over by Justice M K Mukherjee and, therefore, it will be heard by that bench.
The framing of charges by special judge Ajit Bharihoke is scheduled for Thursday. Therefore, the counsel wanted urgent hearing on Wednesday. However, it will depend upon the discretion of Justice Mukherjee.
When the special judge began to frame charges, the accused moved the high court against it. Justice Jaspal Singh dismissed their petitions on September 12.
The substance of the argument of the accused is that the courts have no power to examine the voting of members in Parliament.
The charge that Rao and others had bribed JMM parliamentarians in 1993 to save his minority government should be tested in Parliament and not judicially. This is clear from Article 104 of the Constitution and the theory of separation of powers should be respected, it is argued in the appeal.
The question whether MPs are public servants has been raised again. The high court held that they are not, and, therefore, no previous sanction of the appointing authority was required to charge them under the Prevention of Corruption Act. This is wrong, according to the appeal.
