The Delhi High Court on Tuesday admitted for hearing former Prime Minister P V Narasimha`s appeal against his conviction in the JMM MPs bribery case and issued notice to the CBI for filing a reply by November 7. Rao`s counsel R K Anand told Justice R S Sodhi that the trial court has erred both on facts and law while holding the former prime minister guilty and sentencing him to three years` rigorous imprisonment. He said that the trial judge had based his order of conviction solely on the statement of approver Shailendra Mahato and erred in giving him pardon.
The proceedings for granting pardon to Mahato were not followed as per the law laid down by the Supreme Court, he claimed.
Anand said that according to the Supreme Court ruling, if the pardon is granted illegally then approver`s statement has no value. The question of corroboration of approver`s statement is immaterial if proper procedures for granting him pardon is not followed, Anand said and added that there was no corroboration of his statement.
The court after hearing brief argument by Anand, observed that if this was the situation, then there is nothing for CBI for basking in glory. How can a person be found guilty on such an evidence. Bureau Report