Cash-for-votes scam: Suhail Hindustani's bail plea rejected

A Delhi court today dismissed the bail plea of political worker Suhail Hindustani, arrested for
his alleged role in the 2008 cash-for-vote scam, saying he has played "an active role" in the case from beginning to end.

"From the material available on record, it prima facie appears that accused (Hindustani) played an active role and acted as a mediator from the initiation of the alleged conspiracy and remained in the picture till the conspiracy came to an end," said Special Judge Sangita Dhingra Sehgal, dismissing Hindustani's bail plea.

The court said that without Hindustani's encouragement and support, the execution of the conspiracy would have become impossible.

The judge dismissed Hindustani's contention that he was merely acting as a whistle blower in the case to expose the corrupt deeds underway to win the confidence motion.

"There is no explanation forthcoming why police or any other law enforcing agency was not informed when Sanjeev Saxena (co-accused) came to deliver Rs 1 crore to Ashok Argal, Faggan Singh Kulaste and Mahabir Singh Bhagora (the then BJP MPs) and why Saxena and his associates, who remained unidentified, were not detained and handed over to the police or any other law enforcing agency," the court said, rejecting
Hindustani's plea.

The judge termed the entire case as "an attempt to subvert the functioning of Parliament."

"The incident which is the basis of the present case has far reaching consequences which are beyond imagination and has a very deep impact on the society at large, as an attempt to subvert the functioning of Parliament and a mockery of the Republic of India has been made," sjhe said.

"The allegations against the accused are serious and it appears that he has played a leading and vital role in the alleged conspiracy. For the foregoing reasons, I decline the grant of regular bail to the accused," the judge said.

Arrested on July 20, Hindustani had sought bail saying there was not an iota of evidence against him and the investigating agency had made him an accused to destroy the case itself so that the truth does not come out.

The court dismissed Hindustani's contention in his bail plea which said "the investigation clearly suggests the persons who are members and associated with Samajwadi Party ie Amar Singh and Rewati Raman Singh and the ruling Congress Party's Ahmed Patel are behind the alleged offence."

The judge also dismisied Hindustani's contention in his bail plea that "there is evidence available with the investigating agency which clearly establishes that accused Sanjeev Saxena was given money which was arranged by the above named persons with an objective to save the minority government."

Public Prosecutor Rajeev Mohan had opposed the bail plea saying there was strong circumstantial evidence suggesting that Hindustani had played a vital role in the conspiracy.

The judge, in her order, said there was no explanation why the sting operation, conducted by a private new channel, was not telecast.

Hindustani had earlier submitted to the court that he was merely trying to expose the "horse trading" going on before the voting on Congress-led UPA-I government's trust motion.

He had said it was co-accused and senior BJP leader LK Advani's former close aide Sudheendra Kulkarni and the three BJP MPs Ashok Argal, Faggan Singh Kulaste and Mahabir Singh Bhagora who had contacted a private news channel to expose the corruption.

He had termed as "baseless" prosecution's allegation that Hindustani was carrying a list of MPs to be bribed.

The prosecution, while vehemently opposing his bail plea, submitted Hindustani was the initiator of the whole conspiracy and was having a list of MPs who could have been approached for their votes.

"He had a list of vulnerable MPs. Before this, there was no question of a sting operation when Hindustani first had the list of BJP MPs. The case initiation happened with him. He is a gem seller and had no involvement in politics. How can someone like him try to influence the voting in a democracy?" the prosecutor had said.