New Delhi, Oct 7: Senior BJP leader Arun Jaitley may be examined by the Delhi police as a prosecution witness to ascertain whether BJP was aware that its three MPs were approached to influence voting in the 2008 trust vote, a local court was told today.
"We have examined Arun Jaitley and there is note in the police case diary about it. We have given his statement in the charge sheet. When the trial would begin, we might need to call Arun Jaitley in the witness box, if needed," Public prosecutor Rajiv Mohan told Special Judge Sangita Dhingra Sehgal.
Opposing the bail pleas of BJP leader L K Advani's former close aide Sudheendra Kulkarni and two former BJP MP Faggan Singh Kulaste and Mahabir Singh Bhagora in 2008 cash-for-vote case, Mohan said their alleged failure to inform senior party office bearers immediately after receiving Rs one crore money, raises doubt about the sting operation.
"If you (accused) were the whistle blowers, why you did not expose at the best available occasion? Why did you not inform your senior party officials after receiving money? Did they inform any senior party member that, yes, we have been offered money?
"There is no such statement by senior party leaders of BJP that Rajya Sabha MP Amar Singh (co-accused) offered Rs three crore each to their three MPs," the prosecutor said.
He said that the BJP MPs Kulaste, Bhagora and Ashok Argal received Rs one crore at 11 am on July 22, 2008 but they did not inform any law enforcing agency and waited till 4 pm as they were expecting remaining Rs eight crore to be delivered to them.
The prosecutor said that the accused did not even inform their senior party leaders that they were going to meet Amar Singh at his residence in the morning of July 22, 2008.
"They (BJP MPs) have not even informed Jaitley that they would meet Amar Singh at his house at 8 am on July 22, 2008. They could have informed the party leaders about it. The deal was finalised at Rs nine crore (at Amar Singh's house).
"They (MPs) did not inform anybody about Rs one crore which they received at 11 am. They waited for the remaining Rs eight crore till 4 pm and after that waved the money(Rs.One crore) in the Lok Sabha," the prosecutor said.
The defence counsel, however, countered his allegations saying that their purpose was to expose the horse trading going on at the time of the trust vote and they had informed the party about it.
Advocate Mahipal Singh, appearing for Kulkarni, said that there was no evidence to show that they were waiting for the remaining Rs eight crore till 4 pm.
"There is no evidence that we were waiting for Rs eight crore. Court cannot presume that we were waiting for the money. If I have anything to receive as illegal gratification, will I not do it behind close doors?
"The very fact that I had gone to a private news channel (for conducting the sting operation) and they were along with me, shows that there was no intention to receive illegal gratification on my part," he said.
Pressing for bail, Kulkarni's counsel also said he was not a public servant and had not received illegal gratification or visited Amar Singh's house. PTI
