Less than five years after registering a case against former Chhattisgarh Chief Minister Ajit Jogi in cash-for-MLA scam, the CBI now says he cannot be prosecuted under any law.
The CBI has in a note conveyed to the Law Ministry that there is no provision either under the Indian Penal Code or Prevention of Corruption Act under which, the Congress MP could be prosecuted, Law Ministry sources said.
On December nine, 2003, the CBI registered a case under Prevention of Corruption Act against Jogi, his son Amit and defected BJP MP PR Khunte for allegedly trying to bribe BJP MLAs after the assembly elections in the state.
Jogi is alleged to have bribed BJP leaders to prevent the saffron party from forming the government in the state after the assembly polls.
However, after scrutinising the statements of Jogi and the available provisions under the law, the CBI came to the conclusion that no case can be registered against him in the scam as he was a "caretaker" Chief Minister at the time of the alleged crime and he, therefore, could not come under the category of public servant, the sources said.
The CBI registered a case against the three also under section 34 of IPC which states that "when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for the act in the same manner as if it were done by him alone."