SC refers JMM bribery case to Statute Bench

A three-judge Bench, headed by Justice MK Mukherjee, announced its decision after hearing detailed arguments for over two weeks by Rao’s senior counsel PP Rao.

On the question of staying the trial before special judge Ajit Bharihoke, the court asked Rao’s counsel to approach the five-judge Constitution Bench with the prayer for a stay.

In his arguments on the issue of public servants, PP Rao referred to the 1984 verdict of the Constitution Bench wherein it was held that MLAs were not public servants. “However, after that in 1988, the new Prevention of Corruption Act came which does not state specifically the meaning of public servants and whether MPs or MLAs come under it,” said Rao, who quoted extensively from Lok Sabha debates to buttress his interpretation that MPs were excluded from the purview of the Act.

The brief order said that the court was of the view that a Constitution Bench should go into the matter.