Politics | Updated Sep 28, 2011 at 12:11am IST

Cash-for-votes: Sudhendra Kulkarni sent to judicial custody

Marya ShakilMarya Shakil, CNN-IBN

New Delhi: Sudheendra Kulkarni, a former aide of BJP leader LK Advani, was on Tuesday sent to judicial custody till October 1 in connection with the 2008 cash-for-votes scam. The BJP alleged that only whistleblowers were being targeted and bribe givers should also be probed.

The former close aide of BJP leader L K Advani was seeking an interim bail after the two former BJP MPs, Kulashthe and Bhaghora were charged and put behind bars in the same case, for displaying wads of currency notes in Lok Sabha during the trust vote in Manmohan Singh government in 2008.

The special Judge asked Why did he ( Kulkarni ) not inform authorities and Why did everyone keep quiet?

"As soon as Rs one crore was paid our purpose was over," Kulkarni's lawyer said.

"There is no illegal gratification. He didn't inform because he wanted to expose it in Lok Sabha. He is only a whistle blower," he said.

The court rejected Sudheendhra Kulkari's bail application and he was sent to judicial custody till October 1.

Kulkarni in the court on Tuesday echoed what L K Advani had said a few days back in the Lok Sabha.

Advani had admitted that the top BJP leadership including himself were aware of the entire operation. So far, the BJP has stood by its people involved in the cash for votes operation.

BJP spokesperson Nirmala Sitharaman said, "We don't comment on court proceedings but BJP is concerned as no action is taken on beneficiaries, people who gave money."

The focus now shifts to the other high profile accused in the cash for votes scam after extending former Samajwadi Party leader Amar Singh's interim bail.

The court also extended Suhail Hindustani's judicial custody till October 14.

Kulkarni, while applying for the bail plea on Tuesday, claimed that the sting operation was conducted with the full knowledge and consent of the top leadership of the BJP.

"The whistle-blowing operation was conducted with the full knowledge and consent of the top leadership of the BJP with which I was then associated as a full time activist. I applaud the bold, ethical and forthright statement by Shri LK Advani in Parliament on September 8, in which he challenged the investigating agency to arrest him," Kulkarni said.

Special Judge Sangita Dhingra Sehgal turned down the interim bail application of Kulkarni, 54, saying it was devoid of merits and fixed hearing on his plea for regular bail on October one. Till then he will be in judicial custody in Tihar Jail.

With the court threatening to issue arrest warrant against him after he had failed to appear on last two hearings on account of his visit to the USA, Kulkarni on Tuesday presented himself before the judge and sought relief claiming he was "a whistle blower" who intended to expose corruption.

"There is no reason to deny interim bail to a person whose regular bail is pending (in the court) and who was not arrested during investigation," the counsel for Kulkarni said.

During the arguments, the judge pulled up the prosecution for arresting only some of the accused named in the charge sheet.

"They (prosecution) have no justification for arresting 2-3 accused and leaving others. They cannot pick and choose," the judge said.

Delhi Police, in its charge sheet, has alleged that Kulkarni turned towards Samajwadi Party leaders in a bid to influence the 2008 trust vote of UPA-I government after he failed to make inroads in the Congress camp.

To achieve his design, Kulkarni allegedly "masterminded" the conspiracy to bribe MPs and "directed" co-accused Suhail Hindustani to divert his efforts towards Samajwadi Party leaders who met the BJP MPs ahead of the voting on confidence motion in Lok Sabha, it said.

Talking to CNN-IBN on Tuesday, Kulkarni said that he is ready to go to jail.

Calling the cash-for-votes scam the biggest scam of the country, Kulkarni said that the role of the Congress leaders should also be probed.

When asked about Amar Singh's role in the scam, Kulkarni said, "I don't want to comment on any person. It has now been proven who gave the money and to whom. What is yet to be proven and demonstrated is that who was the ultimate beneficiary."

After the Supreme Court slammed it for a shoddy probe into cash-for-vote scam, Delhi Police had on July 17 made its first arrest in the case, taking into custody Sanjeev Saxena, believed to be an aide of Rajya Sabha MP Amar Singh.

Three days later, Suhail Hindustani was arrested and on September 6, Amar Singh and former BJP MPs Faggan Singh Kulaste and Mahabir Singh Bhagora, who appeared before the court responding to its summons, were taken into custody after the court rejected their interim bail pleas.

Before appearing in court, Kulkarni told reporters, "The charge against me is false and politically motivated.

"My role in the entire matter was that of a whistle blower. Along with my associates, 3 BJP MPs and Suhail Hindustani, I attempted to expose the purchase of MPs for securing victory in the confidence vote that the then government was seeking in Lok Sabha in July 2008."

He claimed that he had "nothing to hide" and that he was not running away from anyone.

"I am ready to go to jail if exposing corruption is a crime," he said.

The incident came to light on July 22, 2008 when then BJP MPs Ashok Argal, Kulaste and Bhagora displayed wads of notes to the tune of Rs one crore in Lok Sabha alleging that they had been offered bribe to save the government after the Left parties withdrew support on the nuclear deal.

Opposing Kulkarni's interim bail plea, public prosecutor Rajiv Mohan said, "They (defence counsel) have not shown any purpose for grant of interim bail."

On Kulkarni's alleged role, Mohan claimed the whole conspiracy started when co-accused Sohail Hindustani contacted Kulkarni for the first time.

Defence counsel Mahipal Singh said Kulkarni had neither given nor taken any money from anyone in this whole issue.

"If my purpose was to pocket the money, I would not have let it be shown in Parliament. In fact it was not a deal of only Rs one crore but it was a deal of Rs nine crore. If I were to take illegal gratification, I could have got Rs 8

crore more," Kulkarni's counsel said.

He said had Kulkarni intended to take the money, he would not have informed his party regarding it. Chargesheeted for his alleged role in the 2008 cash-for-vote scam, Kulkarni made his maiden appearance in the court after failing to do so earlier on September 6 and September 19 on the ground that he was abroad.

(With additional inputs from PTI)

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