2008 note-for-vote scandal: SC admits Lyngdoh plea for probe

The Supreme Court on Monday admitted a petition by former chief election commissioner J M Lyngdoh and 13 others, seeking its direction to form an independent special investigation team (SIT) to probe the cash-for-votes scam that rocked Parliament during the trust vote faced by the UPA government in July 2008.

A bench of justices Aftab Alam and R M Lodha asked senior counsel Rajeev Dhawan to place on record the first information report (FIR) relating to the case so that the matter could be considered for hearing.

In the petition filed through his counsel Prashant Kummar and Anurag Sharma, Lyngdoh pleaded that the chief of the SIT should be given absolute powers and independence to choose the best officers for the probe; and that it should try to conclude its investigations within six months.

He alleged that though the entire nation was shocked to see three BJP MPs displaying wads of currency in Parliament, which they claimed was bribe money given to them to vote in favour of the UPA during the trust vote, no action has so far been taken against the guilty persons.

According to the petition, though the incident had occurred on 22 July 2008, neither the crime branch of the Delhi police - which registered an FIR - nor the chairman of the joint parliamentary committee headed by Kishore Chandra Deo, which inquired into the allegations had so far taken any tangible step to initiate action against those responsible.
 
RTI fails to produce FIR
The apex court bench asked senior counsel Rajeev Dhawan to place on record the FIR relating to the case so that the matter could be considered for hearing. But Dhawan told the bench that they could not get a copy of the FIR, as despite invoking the Right to Information Act, the government was not willing to provide a copy.

However, the bench remarked "You have approached a wrong person. Why don't you approach the court concerned"? The senior counsel agreed to do so and sought two weeks adjournment, which the bench granted.

On 22 July 2008, three BJP members had displayed Rs1 crore worth cash in the Lok Sabha, alleging that it was given to them by floor managers of the UPA government to secure their support during the no-confidence motion after Left parties withdrew their support to the government over the Indo-US nuclear deal.

The three BJP MPs - Ashok Argal, Faggan Singh Kulaste and Mahavir Bhagora - had claimed that the floor managers had approached them through a Samajwadi Party leader.