Sudheendra Kulkarni, former aide of BJP leader LK Advani and an accused in the cash-for-vote case, was Friday denied bail by a Delhi court which said he was the "guiding star" and "facilitator" of the conspiracy aimed at mocking the Republic of India.
"It appears that Kulkarni played an active role as a mastermind of the entire criminal conspiracy, who advised all and made all arrangements. He was the guiding star and laid the path of action."
"He remained in contact with other conspirators from time to time and was present at the spot when the bribe money was actually delivered," Special Judge Sangita Dhingra Sehgal said.
Besides Kulkarni, the court also dismissed the bail pleas of two former BJP MPs Faggan Singh Kulaste and Mahabir Singh Bhagora, named as accused in the case, for receiving illegal gratification.
The judge emphasised on the seriousness of the alleged offence saying that "the incident dated July 22, 2008 rocked the nation and had a very deep impact on the society at large as an attempt to subvert the functioning of Parliament and mock the Republic of India was made".
The court dismissed the bail pleas brushing aside the contentions of the accused of being whistleblowers in the case saying despite having "ample opportunities" they did not disclose about the bribe given to them to any law enforcing agency at the time when co-accused Sanjeev Saxena brought the money to them.
The judge added that the accused also had an opportunity to detain Saxena and his associate at the time they gave them Rs one crore as bribe.
The court said "Kulkarni has no protection under any law of the land which provides that what is otherwise an offence is not an offence if a person is a whistleblower".
It said Kulkarni "chalked out a plan to contact leaders of Congress and Samajwadi Party to influence them to pay illegal gratification to the three MPs (of BJP, Ashok Argal and Kulaste and Bhagora)" immediately after getting the information that the three MPs were being named as vulnerable in the politial circles.
It added that allegations against Kulkarni were serious as he played a "leading and vital role" in the episode.
The judge said Kulkarni "took the law in his own hands and played a role of a facilitator" in the commission of alleged offence as he did not inform any law enforcing agency.
It said video recordings of the sting opearation conducted by a private news channel and other circumstantial evidence on record are sufficient enough to conclude that there is a prima facie case against the three accused.
Dismissing the bail pleas of the Kulaste and Bhagora, the court said it appears that "since July 21, 2008 the accused remained part of the criminal conspiracy hatched between Sohail Hindustani (co-accused) and Kulkarni."
It added "in furthurance of objectives of the criminal conspiracy the accused started efforts to contact leaders of Congress and Samajwadi Party by offering their votes to suit interest of UPA Government during the Motion of Confidence to be held on July 22, 2008 if sufficient amount of money is paid to them as illegal gratification".
