HVK Archives: Shukla dashes Advani's hope to escape hawala noose
Shukla dashes Advani's hope to escape hawala noose - The Economic Times
Posted By Ashok V Chowgule (ashokvc@giasbm01.vsnl.net.in)
18 January 1997
Title : Shukla dashes Advani's hope to escape hawala noose
Author :
Publication : The Economic Times
Date : January 18, 1997
Congress leader and former Union minister, Mr V C Shukla, has put a
damper on the hopes of the BJP leadership over getting an early
relief for the party president, Mr L K Advani, in the hawala case.
With Mr Shukla, who is caught in the hawala web, determined to
challenge the inclusion of members of Parliament in the ambit of
Prevention of Corruption Act in the Supreme Court, there is
apprehension in the BJP that the case may linger on.
Mr Shukla, who Plans to highlight the ambiguity in the law, is
expected to plead for a clear directive on the inclusion of MPs
and MLAs in the purview of the Act. Legal circles feel that since
two High Courts - Bombay and Orissa - which had occasion to
pronounce judgements on the matter took contradictory positions, Mr
Shukla would set the stage for a long-drawn legal battle in the
apex court.
As a matter of fact, while the Orissa High Court - which heard
Habibullah case - deemed legislators public servants, in
the Antulay case, the Bombay High Court had ruled that they cannot
be termed as public servants.
Mr Shukla's move has come at an inopportune time for the BJP
leader. The BJP president, who had pleaded for a day-to-day trial
in the hawala case, has been spending considerable time for meeting
the demands of the court. The party president's lawyers till the
other day were hopeful that the court would settle Mr Advani's case
soon.
There is no unanimity over the inclusion of legislators in PCA's
ambit in the political establishment While a section feels that
there is a need to amend the Prevention of Corruption Act for
constituting a body that can give the nod for prosecution of
legislators, a sizeable section of the political leadership wants
them to be kept out of the purview of the Act.
Incidentally, a meeting convened two months back by the Lok Sabha
Speaker, Mr P A Sangma, saw senior political leaders demanding the
exclusion of Parliamentarians as well as legislators out of the
ambit of the PCA. In this context, Mr Shukla's move is sure to put
pressure on the apex court to come out with a clear ruling on the
matter.
This, the BJP leadership feels, would add a new dimension and could
cause delay in the on-going hawala trial.
For the BJP, which is all set to spruce up its image to take on the
"non-performing" Gowda regime and scandal-ridden state governments,
a delay in getting relief for its party president can prove to be a
major disadvantage.
Although there has not been a mumur of protest against his
leadership over the hawala case, the legal battle will continue to
make Mr Advani a lame-duck campaigner for the party.
"We need a clean chit from the court at this juncture. It will
give us the extra-push that the party needs to take on the United
Front and a rejuvenated Congress," said a senior leader.
Shukla's move will come in handy for leaders like Mr P V Narasimha
Rao, who had invoked the same 'theory' in the JMM case bribery case
involving him. This, political observers feel, will be used by many
of his collegues to put fresh hurdles in the investigations.
"An attempt is on to shield the corrupt. Instead of demanding the
creation of a panel that can vet the cases against them, they are
trying for an escape route.
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