NEW DELHI, OCT 10: A public interest litigation (PIL) was filed in the Supreme Court today, seeking that Shailendra Mahato's confessional statement during trial court proceedings should not be made a basis for sentencing former Prime Minister P.V. Narasimha Rao in the Jharkhand Mukti Morcha (JMM) MPs' bribery case.The PIL, filed by Komi Reddi Jyothi Devi, an ex-MLA from Rao's native district in Andhra Pradesh, said Mahato could not have been made an official approver so the judgement for convicting Rao could not be based on his testimony.Mahato's statement that money was deposited in all the accounts of the JMM MPs at Punjab National Bank and former Union minister Buta Singh's confession that he took all the four MPs to Rao's residence was the main ground for convicting both Rao and Singh.The PIL said Sections 306 and 307 of the Criminal Procedure Code(CrPC) say that only an accused can be made an approver. As such, Mahato was entitled to a Supreme Court ruling that bribe-taking by MPs for their action in the House were immune to any penal action as they enjoyed protection under Article 105 of the Constitution.``Thus, Mahato cannot be made an accused and, therefore, the question of pardoning him does not arise. He cannot be made an official approver as pardon is granted only to an accused.''The PIL said Mahato's evidence against Rao as a prosecution witness holds no credence. So the conviction, in a judgement which bases its conclusion on his evidence, becomes baseless and illegal, it said.
