JMM bribery case: Govt. disagrees with majority view, tells SC immunity does not extend to bribes received outside House
Twenty-five years after a Constitution Bench of the Supreme Court inoculated MPs and MLAs who take kickbacks to vote or make speeches in a particular manner in the House from criminal prosecution, the Centre told a larger seven-judge Bench on Wednesday that the majority verdict in the infamous JMM bribery case was wrong and a lawmaker commits a crime the moment he accepts the pay-off, whether or not he makes good his promise in the House. Mr. Mehta said the government’s stand was in tune with the minority view of Justice S.C. Agarwal on the Bench in the Jharkhand Mukti Morcha bribery case in 1998. The Bench led by Chief Justice Chandrachud is reviewing the JMM bribery case judgment. The majority verdict of the five-judge Bench in the JMM bribery case had held that bribe-takers were immune from prosecution provided they go ahead and cast their vote or give the speech, which was a parliamentary function.
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