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April 20, 1998

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Supreme Court rejects Buta's plea on JMM 'verdict leak' hearing

The Supreme Court on Monday declined to grant an early hearing of a petition filed by Union Communication Minister Buta Singh, accused of 'bribe-giving' in the much-publicised Jharkhand Mukti Morcha payoffs case. He said that contempt proceedings should be initiated against senior advocate P N Lekhi for disclosing in 'advance' the Constitution Bench's verdict in the case.

The plea was rejected by a three-judge bench comprising Chief Justice M M Punchhi, Justices K T Thomas and D P Wadhwa.

''Let it (the petition) be filed and come in the normal course for hearing,'' the Chief Justice observed.

It was alleged in the petition that the Rashtriya Mukti Morcha president Ravindra Kumar had filed a petition in the Delhi high court seeking transfer of trial in the JMM payoffs case from Special Judge Ajit Bharihoke to the Delhi high court on the allegation that the trial might be influenced by the central government, where Buta Singh is a minister.

The petition came up for hearing before Justice Y K Sabharwal and Justice C K Mahajan on April 17. The judges observed that since the judgment in the JMM case was to be pronounced by the apex court at 1400 hours the same day, it would be better to await the decision and then hear the present petition.

It was alleged in Buta Singh's petition that Lekhi, appearing for the petitioner before the high court, told the jam-packed court that the judgment in the JMM payoffs case would not have any bearing on the hearing of the present petition as he knew the judgment, which was yet to be delivered, was against Buta Singh.

It was further alleged that when the high court judges inquired as to how Lekhi was aware of the yet-to-be-announced-verdict, the lawyer said it was definitely going to be against Buta Singh.

Lekhi allegedly informed the high court that he knew the apex court's judgment was divided in the ratio of three to two against Buta Singh.

Lekhi allegedly further stated that if need be, he could even quote relevant pages from the judgment which was yet to be pronounced.

It was contended on Buta Singh's behalf, before the Supreme Court today, that it was shocking Lekhi was aware of the verdict in the JMM payoffs case in advance.

This amounted to scandalising the secrecy about judgments, which were reserved and were yet to be pronounced, the petition said.

It has been stated in the petition that since the matter is a very serious one, which could not be ignored, the court must proceed against Lekhi.

UNI

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