Giving a clean chit to the three BJP MPs and L K Advani's former aide Sudheendra Kulkarni in the 2008 cash-for-vote scam, a Delhi court today said they did not have the intention to accept bribe but to expose "horse trading".
Special Judge Narottam Kaushal discharged Kulkarni, saying "meeting of minds or agreement between accused persons, the news channel and three BJP MPs was only regarding collection of evidence on horse trading and exposing leaders of Congress Party and Samajwadi party who were indulging in corrupt activity to lure vulnerable MPs of other parties."
On the role of the two sitting BJP MPs Ashok Argal and Faggan Singh Kulaste and former party MP Mahabir Singh Bhagora, the court noted that the editor of the news channel has stated on record that the they were filmed accepting money as part of a sting.
"Mere fact that the three MPs permitted cameras to be installed on their person or in their house pre-supposes that they did not want to hide their activities.
"Associating a reputed TV channel further establishes that they wanted to bring events in public domain," it said.
"In my opinion, the first parameter of being honest is when one is prepared to be transparent. Publicaly accepting bribe by its very nature is paradoxical. Be it taking bribe or committing any other offence, the first reaction of the accused is to hide the same from public gauge.
"Inviting TV channels to film the acceptance of money cannot by any stretch of imagination be said to be with the intention of hiding the activity," it said.
The intention, it said, is further corroborated by the fact that currency notes were taken to parliament House and tabled to be viewed by the entire nation.
"The practice of laying trap to catch the bribe-taker is nothing new. Only difference in this case is that the trap was laid to catch the bribe-giver and bribe takers-were only decoys."
While discharging party activist Sohail Hindustani, the judge said part of his his involvement in sting with the news channel and orchestrating a meeting with Congress and Samajwadi Party leaders indicates that he was also intending to expose 'horse trading' in tandem with BJP MPs.
