HVK Archives: Court 'nails down' Advani's claim in Hawala case
Court 'nails down' Advani's claim in Hawala case - The Observer
Press Trust of India
()
9 September 1996
Title : Court `nails down' Advani's claim in Hawala case
Author : Press Trust of India
Publication : The Observer
Date : September 9, 1996
The designated court dealing with Rs 65 crore Jain-hawala
scandal in its order on framing the charges of corruption
and criminal conspiracy against Bharatiya Janata Party
president L K Advani has 'nailed down' his earlier claim
that the case against him was "fit for discharge".
Analysing threadbare the documents seized by the CBI from
the Jain's premises, including two main diaries, two
files and two note-books in his 267 page order, special
judge V B Gupta had observed, "in view of the contention
of prosecution, it has to be seen whether Rs 35 lakh was
paid to Mr Advani towards the political expenses (POE) by
the Jains."
Mr Gupta said that though the main diaries did not
contain Mr Advani's name, his name was found clearly
mentioned in one of the files on page eight, which gave
the complete details of POE by the Jains between 1988 and
l990.
The judge said that Mr Advani's name was initialled as
'LKA' with Rs 35 lakh mentioned against him, while the
entry on page 11 showed his full name 'Advani' with Rs 25
lakh entered against him.
Mr Advani has been charged with receiving Rs 60 lakh from
the Jain brothers,,of which, Rs 35 lakh were received by
him when he was a public servant (member of Parliament).
Rejecting the contention of Mr Advani's counsel that
there was no clear proof of alleged payment to the BJP
leader as his name was not in the main diary, Mr Gupta
said, "All the documents are inter-related and have to be
seen in 'totality' not in 'isolation'.
Further rejecting the argument of the defence that the
entries in the files would not be 'admissible' for charge
of conspiracy, the judge said, "It is not within my
province to say at this stage as to how and in what
manner the prosecution is going to prove the aspect of
conspiracy, and I would not like to venture at this stage
into the question whether the documents are admissible or
not. "
Regarding the provisions of Prevention of Corruption Act
(PCA), the judge said, "I have already held that alleged
payment of Rs 35 lakh to Mr Advani between 1988 to 1990,
the specific date of payment was not at all 'material' as
it would not effect the merit of the case on this point.
He said that the Bharatiya Janata party leader was a
Rajya Sabha member till November 27, 1989, and on
subsequently being elected to the Lok Sabha had taken his
oath on December 2, 1989.
Rejecting the defence counsel's contention that during
the five-day period from November 28 to December 1, 1989,
Mr Advani could not attract the provisions of the
Prevention of Corruption Act, as he was not the member of
either House as per the provisions of PCA, Mr Gupta said
that this argument did not hold ground.
He said, "the natural consequence would ensure that he
will become a member of lower House and will 'definitely'
fall within the provision of PCA as a public servant."
Referring to the book written by late socialist leader
Madhu Limaye on the hawala episode which Mr Advani's
counsel wanted also to be relied upon at the time for
arguments on the charge, Mr Gupta said, "though it is
true that there is reference of a letter by Madhu Limaye
in his book reportedly written to him by S K Jain, which
says 'I (S K Jain) has so far no privilege to meet L K
Advani'. "
"But the averments made in this book are yet to be proved
and no cognisance to these writings and other material
mentioned in the book can be taken at this stage, and if
Mr Advani so desired, can prove these writings and books
in accordance with provisions of law during the course of
trial," the special judge of the designated court
observed.
Referring to the application for discharge filed by Mr
Advani, Mr Gupta said, "according to the averments in
this application, it seems that Mr Advani wants to convey
that an office bearer of a political party as happen to
be public servants are free to receive donations without
accounting for it."
He added, "it is well settled that if any office bearer
of political party happens to be a public servant and
receives any donations for party, he has to account for
the same."
"There is nothing on record to show that Rs 35 lakh
allegedly received by Mr Advani from Jains was in respect
of the political donations," the judge concluded.
Back
Top
|
