SC frees Kalpnath of TADA charges

The court set aside the conviction of four other accused by Tada court in terms of its judgment and convicted them under Section 5 of the TADA for possessing unauthorised arms in a notified area and issued notices to them for enhancement of five year imprisonment as awarded to them by the designated court. These accused are Subhash Thakur, Bhai Thakur, Shyam Kishore, Chandra Kant Patil. The judgment was pronounced by a division bench comprising justices M K Mukherjee and K T Thomas in a jam-packed court. The court noted that the ingredients of Section 3(4) of TADA against Rai and other five accused had not been made out and the prosecution had failed to establish the charges of harbouring terroristS against them.

In the first ever conviction of a former Union minister under TADA, which has since been repealed, the designated court judge had said, “the encouragement of criminals and terrorists and giving them shelter in official guest houses by a minister is a serious, grave offence…a corrupt minister encourages corruption in the entire ministry.” The charge against Rai was that during his tenure as Power minister, he had arranged accommodation through his secretary for Subhash Thakur and V N Rai (Kalpnath Rai’s nephew) at the guest houses of NTPC (Delhi) and Bombay Suburban State Electricity Supply (Mumbai). Both Thakur and Rai were allegedly involved in the infamous September 1992 JJ hospital shootout in Mumbai.

Meanwhile, Kalpnath described his acquittal as the “biggest honour” to him by the judiciary and said he will decide about joining a political party within a month.

“I have complete faith in judiciary which has given me the biggest honour. The apex court verdict shows the charges against me were fabricated and concocted,” Rai told newsmen.

Replying to questions, Rai, who had won the last Lok Sabha elections from Ghosi in Uttar Pradesh as an independent candidate after denial of Congress ticket, said he would chalk out his future political plans after consulting the people of his constituency. Rai was later expelled from the Congress party for anti-party activities.The saga of warrants, bail and final freedom

* July 23, 1993: Special branch of Delhi Police arrests five persons of the Dawood Ibrahim gang allegedly involved in the JJ Hospital shootout case of September 1992.

* February 7, 1996: CBI files chargesheet. Judge S.N. Dhingra of the special TADA court issues non-bailable warrants against Kalpnath Rai, BJP MP Brij Bushan Saran Singh among others for harbouring the Dawood Ibrahim gang in Delhi in 1992.

* February 10, 1996: CBI arrests Rai under TADA

* February 12, 1996: TADA court remands Rai to judicial custody for 14 days, sends him to Tihar jail.

* February 26,1996: Court rejects Rai’s plea seeking permission to attend Parliament.

* March 13, 1996: Court rejects Rai’s first bail application.

* March 17, 1996: TADA court sentences Rai to 10 years and slaps a fine of Rs 10 lakh.

* March 23, 1996: Court allows Rai to file nomination for Lok Sabha elections from jail.

* March 26,1996: Rai resigns from the Congress

* May 6, 1996: Supreme Court grants conditional bail to Rai.