HC seeks Kalmadi attendance record in Parliament
Justice Rajiv Sahai Endlaw sought Kalmadi`s attendance record in Parliament for last five years while issuing notice to the CBI and asking it to file its reply on his plea.
The court said in case Kalmadi fails to obtain records of past five years, he can file his attendance record in previous sessions of the present Lok Sabha.
"Show me the past attendance record in Parliament sessions. What contribution he had during the sessions? What are the queries he had asked and what participation he wants now for which he has approached this court," Justice Endlaw said, while asking Kalmadi to file a detailed affidavit on it on Monday.
The court posed a series of questions to senior counsel Ashok Desai, who appeared for Kalmadi, as to why should his plea to attend the coming session of the Parliament be allowed.
The Court also sought a status report from CBI on mental and physical health condition of 67-year-old Kalmadi, who underwent tests at the All India Institute of Medical Sciences yesterday to confirm whether he was suffering from dementia.
He had reportedly undergone an MRI scan on July 19 at Lok Narayan Jai Prakash Hospital where the tests revealed that he was suffering from dementia which gradually affects cognitive functions of the person.
The questions posed by Justice Endlaw today included, "Why does he (Kalmadi) want to attend the session? Why should he be treated differently from other public servants, who are under arrest?"
"Everyday proceedings are being telecast and he can send questions to the Lok Sabha Speaker," the court suggested.
Kalmadi`s counsel Desai said Kalmadi has recently received a summon to attend the Monsoon session of Parliament and court can allow him to attend it under the custody of jail authority with any condition that it may feel to impose.
Kalmadi has been an MP since 1982 and he has a parliamentary duty to perform, said the senior lawyer, adding, "It is his obligation to attend and also his right to access Parliament to raise some questions in the House which is his right to the speech and expression."
The lawyer also cited the cases of late Prime Minister Indira Gandhi, Bihar MP Pappu Yadav and Jharkand MP Madhu Koda who were allowed to attend parliamentary sessions under judicial custody.
To the submission, the court said, "If so, why not government servants, who are in jail, be allowed to attend their office as the work suffers?"
Opposing Kalmadi`s plea, Additional Solicitor General A S Chandhiok said if he will be allowed, it would set a precedent and that he may influence witnesses.
"We have apprehension that he would influence witnesses," Chandhiok said.