Delhi HC refuses to stay conviction of ex-Cong MLA Rajendra Bharti in cheating case

New Delhi, Jul 10 (PTI) The Delhi High Court on Friday refused to stay the conviction of disqualified Madhya Pradesh Congress MLA Rajendra Bharti in a cheating case involving the forging of bank records to obtain illegal interest payments between 1998 and 2011. Justice Manoj Jain held that there was no "manifest illegality or perversity" which calls for any interference at this stage, when facts indicated that Bharti, former chairperson of the Zila Sahkari Krishi Aur Grahmin Vikas Bank, abused his position. Justice Jain observed that Bharti was held guilty of "committing conspiracy related to serious offences of forgery and cheating", which concerns moral turpitude, and staying the conviction would frustrate the purpose, spirit and objective behind the incorporation of Section 8 of the Representation of Peoples Act, 1951. Section 8 provides for the disqualification of lawmakers convicted of certain criminal offences. "Besides being an elected representative, he was also Chairman of the Bank in question. Despite the same, with apparent vested interest, he influenced the bank officials so that his own family Trust is benefited. He has been held guilty for committing conspiracy related to serious offences of forgery and cheating. These cannot be disregarded or sidelined while taking prima facie view of the matter as these offences have clear semblance to those concerning moral turpitude," the court said in the judgment. "The present application seeking suspension of conviction is, hereby, dismissed," it concluded. Senior advocate P Chidambaram, appearing for Bharti, had earlier contended that Bharti's appeal against his conviction raised arguable and critical questions of facts and law, and he would suffer irreparable injury if the conviction is not stayed. Advocate Abhik Chimni also appeared for Bharti. The Election Commission has notified by-election for Bharti's constituency, Datia, for July 30 and the last date for nomination is July 13. Bharti's senior counsel also emphasised that the investigation was tainted and motivated and there is no legally admissible evidence on record. In the 16-page order, Justice Jain said that the order of conviction can be stayed under exceptional circumstances after "utmost circumspection", as any disqualification attached to such guilt is also then bound to be stayed as a consequence. The court rejected Bharti's assertion of "hardship", stating that "such hardship is, thus, not for the appellant alone and would be true for all others who held the seat and on pronouncement of guilt stand disqualified". "Once any such elected representative is held guilty, he automatically, in view of the legislative mandate, incurs disqualification, which, in turn, can result in bye-election if the remainder period is substantial one. Thus, any elected representative, in such a situation, would come up with a similar prayer and, therefore, aspect related to irreversible consequence would, generally speaking, be inherent," the court said. "A humble scrutiny does not reveal any palpable or manifest error in the impugned judgment, suggesting findings of guilt to be absolutely unsustainable or unconscionable... Of course, the appellant does not have any prior involvement but the facts presented before this Court do indicate that he abused his position and failed to repose the faith that the people had in him," it added. On April 2, the trial court had sentenced Bharti, former chairperson of the Zila Sahkari Krishi Aur Grahmin Vikas Bank, to three years' imprisonment in the case. The high court had stayed the three-year sentence awarded to the former MLA in the case on April 28 after he filed an appeal against the trial court's decision. The trial court convicted Bharti on April 1 under Sections 120B (criminal conspiracy), 420 (cheating), 467 (forgery of a valuable security), 468 (forgery for cheating) and 471 (using a forged document as genuine) of the Indian Penal Code (IPC). Senior counsel Mohit Mathur, appearing for the complainant bank, had opposed the plea and said there was no reason to stay the order of conviction. The case, which originated in Madhya Pradesh's Datia, was transferred to Delhi by the Supreme Court in October last year in light of the claim that efforts were made to intimidate defence witnesses. According to the prosecution, Bharti's late mother, Savitri, had deposited Rs 10 lakh in the Zila Sahkari Krishi Aur Grahmin Vikas Bank at Datiya on August 24, 1998, as a three-year fixed deposit in the name of a family-run trust at an interest rate of 13.5 per cent per annum. The prosecution said the accused entered into a conspiracy to extend the high-interest payments beyond the stipulated period by physically tampering with bank records. Using correction fluid and overwriting, the three-year term was extended by 10 and 15 years, allowing the trust to continue withdrawing annual interest payments till 2011, long after market interest rates had plummeted, claimed the prosecution. It alleged that the trust, where Bharti was a trustee, illegally withdrew a significant amount as interest. PTI ADS KSS KSS