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HVK Archives: HC asks CBI for proof against Advani

HC asks CBI for proof against Advani - The Indian Express

Press Trust of India ()
3 March 1997

Title : HC asks CBI for proof against Advani
Author : Press Trust of India
Publication : The Indian Express
Date : March 3, 1997

The Delhi high court has asked the Central Bureau of Investigation
(CBI) as to what proof it had to establish that the initials 'LKA'
and 'VCS' in the diaries of Jains, the key accused in the Rs 64
crore hawala seam, corresponded to the Bharatiya Janata Party (BJP)
president, L K Advani, and former Union Minister, V C Shukla.

Justice Mohd Shamim, who is hearing arguments for last two weeks on
the quashing of charge framed against Advani and Shukla, after
heating four defence counsels asked the CBI counsel to inform the
court about the evidence it had found to conclude that 'LKA
corresponded to L K Advani and 'VCS' to V C Shukla.

The CBI counsel said that these initials were mentioned in the
'political expenses category' and that there was no other
politician whose initials could match LKA and VCS other than Advani
and Shukla.

Justice Shamim said that it was a criminal case and the prosecution
could not base its case with mere conjectures and surmises. He
said it should have some proof of their alleged involvement in the
hawala seam which was admissible as per the Evidence Act.

Charges were framed against Advani and Shukla under Section 120 of
Indian Penal Code (conspiracy) and several other sections of the
Prevention of Corruption Act for allegedly receiving Rs 35 lakh and
Rs 38.8 lakh respectively from the Jain brothers to further
latters' business interests.

While senior advocate Anand, counsel for Shukla, was yet to
conclude his arguments, the three other senior advocates have
concluded their arguments.

All the four advocates have the same line of defence, the diaries
of the Jams did not constitute a proper account book hence was not
admissible in the eye of the law and mere mention of the initials
in the diary and loose paper sheets could not put a liability on
the accused.

While 'LKA' finds mention in the loose paper sheets, 'VCS' is
mentioned in the diaries. The CBI had seized the loose paper
sheets, two diaries and two spiral note pads, all handwritten by
Jams brothers' secretary, J K Jain, on May 3, 1991.

Ram Jethmalani, Advani's counsel. led the team of defence lawyers
by saying that the trial judge erred by going into examining the
evidential value of the papers after coming to a prima facie
opinion that these papers were not admissible as evidence insider
Section 10 of the Evidence Act.

He said the investigating agency did not have evidence as to what
was the link between Advani and the Jains and said the charge-sheet
was politically motivated to give credence to the idea that the
politicians from the establishment as well as those from Opposition
were corrupt.

Kapil Sibal, counsel for S K Jam and J K Jam, said that these
diaries and papers were for writing down the personal memoranda of
the Jains and was not to put any liability on any body and drew a
parallel of the diaries to that of the account maintained by the
housewives.

He further said that there was no mention of any date and year on
the papers and diaries which were not maintained regularly.

Strand said that there was no evidence as to why was money given by
the Jains to Shukla and there was also no evidence as to whether
the money was given or not.



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