Taints And Pouts

Some cases just refuse to go away. The Jharkhand Mukti Morcha (jmm) bribery case is one of them. Filed back in 1996, everybody thought that by now the dramatis personae had all but disappeared into political oblivion. But last week, in what is one of the first-ever criminal convictions of those holding the highest offices in the land, special judge Ajit Bharioke pronounced his verdict: convictions for main accused former premier P.V. Narasimha Rao and his home minister Buta Singh for buying votes to win a no-confidence motion on July 28, 1993. The judge fixed October 11 for announcing the sentence - the offences carry a maximum punishment of seven years and a minimum of six months.

The verdict could well be a landmark one. While nine top figures got away, including Congress veterans and industrialists, the focus is now clearly on Rao. At a packed special court at Delhi's Vigyan Bhavan - attended by most of the politicians named in the fir filed in March '96 - Bharioke said he found both Rao and Buta Singh guilty of criminal conspiracy (Article 120 b, ipc), abetment to crime (Article 12, Prevention of Corruption Act) and acceptance of bribes (section 3, along with other relevant sections of the CrPC). A phlegmatic Rao declined to comment, but his lawyer R.K. Anand, wasn't satisfied with the verdict. "It's intrinsically wrong," he said, adding they would go in for appeal once the sentence is pronounced. For his part, Buta Singh told Outlook he was "innocent" and would go in appeal. Others like Satish Sharma and Ajit Singh claim their position had been vindicated. Rao's residence was deserted immediately after the judgement, except for stray commiserators like ex-PM Chandra Shekhar and loyalists M.S. Bitta and Bhuvanesh Chaturvedi. But in the evening, as the bjp hailed the "historic verdict", activity picked up - a string of party leaders held meetings with Rao, capped by a late-night visit by Sonia Gandhi.

Interestingly, in a case lasting four years, the Jharkhand politicians - after whom the politically sensitive case was named - have all been acquitted. Cases have also been dropped against Ajit Singh, Veerappa Moily, Bhajan Lal, Ram Lakhan Singh Yadav, Satish Sharma, former Karnataka ministers Ramalinga Reddy and H.M. Revanna (now both mlas) and ex-MP Rajeshwar Rao. Liquor barons M. Thimmegowda and D.K. Adhikeshavulu have also been let off. The two had reportedly arranged the money at Bangalore, which was brought to Delhi by Buta Singh. Political significance is being attached to the cbi's observations that in all the cases, the witnesses turned hostile.

Well-placed cbi sources said the judgement is largely based on the 175-page synopsis of their final arguments presented before the special court in March this year. According to this synopsis, the cbi says there was enough evidence to prove the charges of conspiracy and abetment, both against Rao and Buta Singh. The agency maintains that charges against Rao and Singh can be proved in view of the statement by former jmm MP Shailendra Mahto, a former accused who subsequently turned approver. Mahto has been under constant attack by Rao's lawyers who say the man is a habitual liar and unreliable. Mahto, along with fellow MPs Suraj Mandal, Shibu Soren and Simon Marandi, had allegedly received bribes from these two Congressmen in July '93 to cast their vote in favour of Rao's regime, which won the no-confidence by a slim 14 votes. Mahto also told the investigators that Rao personally talked to him, invited him to his house and offered money to vote for his party.

The bribe takers got a major reprieve when, last year, the court discharged them, as it did all the jmm MPs, on the basis of the ruling of the Supreme Court that they were immune from prosecution under article 105 (2) of the Constitution. The clause says that no criminal action can be taken against an MP in respect of any vote given by him in Parliament. According to the cbi, Buta Singh was the go-between. He flew to Bangalore on July 30, 1993, and came back by the evening IA flight along with Adhikesavulu, H.M. Revanna and Reddy with the bribe money which was later paid to some opposition MPs, including the jmm members. The cbi says its case is made strong by the recoveries, regarded as essential and primary evidence, it has made. According to the cbi case, Thimmegowda had withdrawn Rs 1 crore on July 30, 1993, from the Seshadaripuram branch of the Canara Bank in Bangalore through three cheques of Rs 60 lakh, Rs 25 lakh and Rs 15 lakh.

The judgement could have political ramifications. Rao, for instance, told the special court in April this year that he'd been 'implicated' in the case in retaliation to the prosecution initiated by his government against 34 politicians in the hawala case. Rao's lawyer Anand maintains that PM Vajpayee and former law minister Ram Jethmalani had "fired a salvo in retaliation to the hawala case" by using Mahto as an approver. In his statement issued before the court, Rao had claimed that his government "had survived soley on Parliament's goodwill and its performance. There was no effort whatsoever to mobilise strength by any monetary inducement to MPs at any point of time." Politically, the conviction is being seen as a blow for the former PM, who's lately been entertaining hopes of a comeback. Leaders close to him say at party fora he's been taking a stand against liberalisation - nurtured during his tenure. The main obstacle in his way, Rao reportedly said, were the court cases against him of which the jmm is regarded the most significant.

The Congress was mum on the judgement. A senior leader refused to speculate about Rao's future in the party. The conviction seems to have taken Congressmen by surprise. Said a MP, "We can't expel him as most of us benefited during his regime. But it's difficult to defend him too."

In a long-drawn, complex legal case, several characters have surfaced only to disappear again in a complicated vortex of charges. Colourful characters like godman Chandraswami have also been linked to the case. The coming days will be crucial for Rao, who had reportedly pinned a lot of hopes on an early acquittal in the cases. Unluckily for him, that is a luxury Indian jurisprudence rarely, if ever, offers.