New Delhi: The Delhi High Court on Wednesday quashed the FIR and consequent proceedings against former Rajya Sabha MP Mahmood A Madani in connection with the LTC scam in which names of some former lawmakers had cropped up.
It, however, asked him to pay a cost of Rs 5 lakh for the "inadvertent" mistake and asked him to return the excess claim.
Justice Suresh Kait allowed Madani's plea seeking quashing of the FIR and the proceedings emanating from it against him, saying the excess amount of over Rs 5 lakh claimed by him under travel allowance (TA) was "due to inadvertence" on the part of the former MP's personal assistant.
CBI had lodged an FIR against him in 2014 for offences under the Prevention of Corruption Act and cheating and forgery under the IPC for allegedly wrongfully claiming Rs 5,80,804 as TA by producing companion free tickets, from February-March 2012, for reimbursement.
According to the agency, he had spent only Rs 5,669 and therefore, he caused a loss of Rs 5,75,135 to the exchequer.
The court said the former MP had "not claimed the excess amount at all with ill intention".
It directed Madani to deposit the excess amount he had received, if not already done, within a week of receiving the order.
The court also imposed a cost of Rs 5 lakh on him, saying due to his inadvertence the government machinery came into motion and a lot of public time was wasted.
"I am of the view that in the present case, there is no conspiracy established against the petitioner, thus, (he) has no criminality or men's rea in the present case. Though excess amount has been claimed that is due to inadvertence on the part of PA of the petitioner (Madani). However, he has not claimed access amount at all with ill intention. Therefore, I hereby quash the FIR and emanating proceedings thereto against the petitioner," Justice Kait said.
Out of the Rs 5 lakh cost imposed on Madani, he has been directed to deposit Rs 2 lakh in the Delhi Police Martyr Fund, Rs 2 lakh in favour of Rajya Sabha account and the remaining amount of Rs 1 lakh in favour of Delhi High Court Legal Services Committee.
The court, while quashing the FIR and the criminal proceedings against Madani, noted that CBI had filed closure reports in similar cases, with similar facts, against two other former MPs -- Brajesh Pathak and Renu Bala Pradhan -- but in the instant matter, the agency had filed a charge sheet, and said, "Two parameters cannot be accepted."
In Pathak's case, the high court had quashed the FIR and proceedings against him and in Pradhan's case, it had directed the trial court not to pass the order on a charge. In both cases, the trial court had refused to accept the CBI's closure reports.
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