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Report of the Committee to Inquire Into the Complaint Made By REPORT OF THE COMMITTEE TO INQUIRE INTO THE COMPLAINT MADE BY SOME MEMBERS REGARDING ALLEGED OFFER OF MONEY TO THEM IN CONNECTION WITH VOTING ON THE MOTION OF CONFIDENCE (FOURTEENTH LOK SABHA) (Presented to the Speaker, Lok Sabha on ………… November, 2008) (Laid on the Table of Lok Sabha on ………… December, 2008) LOK SABHA SECRETARIAT NEW DELHI December, 2008/Agrahayana, 1930 (Saka) © 2008 BY LOK SABHA SECRETARIAT Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Eleventh Edition) and printed by M/s. Jainco Art India, New Delhi. CONTENTS Page No. Personnel of the Committee .................................................................. (iii) Report ............................................................................................. 1 Notes given by Prof. Ram Gopal Yadav, Prof. Vijay Kumar Malhotra and Shri Mohd. Salim, MPs ................................ 61 Minutes of sittings of Committee ............................................................ 85 Verbatim Proceedings of the sittings of Committee ..................................... 127 APPENDICES APPENDIX I Communication dated 23.7.2008 addressed to Speaker, Lok Sabha by Shri Rajdeep Sardesai, Editor-in-Chief, CNN-IBN........................ 335 APPENDIX II Jointly signed statement dated 25.7.2008 given by S/Shri Ashok Argal, Faggan Singh Kulaste and Mahavir Bhagora .............................. 336 APPENDIX III Joint letter dated 01.08.2008 from S/Shri Ashok Argal, Faggan Singh Kulaste, MPs .................................................................... 339 APPENDIX IV Joint letter dated 03-08-2008 from S/Shri Ashok Argal and Shri Faggan Singh Kulaste, MPs............................................. 340 APPENDIX V Joint letter dated 04.08.2008 from S/Shri Ashok Argal and Faggan Singh Kulaste, MPs .................................................. 367 APPENDIX VI Letter dated 19.08.2008 from Shri A.B. Bardhan, General Secretary, CPI................................................................................ 372 APPENDIX VII Letter dated 19.08.2008 from Shri. Ashok Argal, MP .................. 376 APPENDIX VIII Transcripts of tapes provided by CNN-IBN ............................... 378 APPENDIX IX Written submissions dated 14.8.2008 filed by Shri Sudheendra Kulkarni . 385 APPENDIX X Written submissions dated 12.8.2008 filed by Shri Suhail Hindustani .... 400 APPENDIX XI OM dated 26.09.2008 from the Department of Financial Services, Ministry of Finance with regard to furnishing details of persons/ entities who had withdrawn the currency notes from various banks............................................................................. 406 (i) Page No. APPENDIX XII Communication dated 1.10.2008 from the Department of Telecommunications, Ministry of Communications and IT re. Call Detail Records.................................................................. 407 APPENDIX XIII OM dated 17.10.2008 from Ministry of Home Affairs re. Deployment of MP Police at Shri Argal’s residence .................................... 432 APPENDIX XIV Note on procedure for dealing with complaints against members of the other House ............................................................... 435 APPENDIX XV Note on ‘Narco-analysis Test’............................................... 439 APPENDIX XVI Report of Technical Peer Review Committee for Brain Electro Physiology Based Technologies .............................................. 441 APPENDIX XVII News report appearing in ‘The Times of India’ dated 18.8.2008 ... 464 APPENDIX XVIII News report appearing in ‘The Economic Times’ dated 18.8.2008 .... 465 APPENDIX XIX News report appearing in ‘The Indian Express’ dated 6.10.2008 ... 466 (ii) PERSONNEL OF THE COMMITTEE TO INQUIRE INTO THE COMPLAINT MADE BY SOME MEMBERS REGARDING ALLEGED OFFER OF MONEY TO THEM IN CONNECTION WITH VOTING ON THE MOTION OF CONFIDENCE (14TH LOK SABHA) Shri V. Kishore Chandra S. Deo — Chairman MEMBERS 2. Shri C. Kuppusami 3. Prof. Vijay Kumar Malhotra 4. Shri Mohammad Salim 5. Shri Rajesh Verma 6. Shri Devendra Prasad Yadav 7. Prof. Ram Gopal Yadav SECRETARIAT 1. Shri P.D.T. Achary — Secretary-General 2. Shri V.K. Sharma — Additional Secretary 3. Shri Ravindra Garimella — Deputy Secretary 4. Shri Ashok Sajwan — Deputy Secretary-II 5. Shri M.L.K. Raja — Under Secretary (iii) REPORT OF THE COMMITTEE TO INQUIRE INTO COMPLAINT MADE BY SOME MEMBERS REGARDING ALLEGED OFFER OF MONEY TO THEM IN CONNECTION WITH VOTING ON MOTION OF CONFIDENCE (Fourteenth Lok Sabha) I. Introduction and Procedure I, the Chairman of the Committee to Inquire into complaint made by some members regarding alleged offer of money to them in connection with voting on motion of confidence having been authorized by the Committee to submit the Report on their behalf, present this their Report to the Speaker. 2. The Committee held eleven sittings. The relevant minutes of these sittings form part of the Report and are appended hereto. 3. At their first sitting held on 30 July, 2008, the Committee held preliminary deliberations on the matter. The Committee also decided their future course of action in the matter. 4. At their second sitting held on 4 August, 2008, the Committee viewed and heard the tapes furnished by CNN-IBN news channel in the matter. The Committee also decided to hear Sarvashri Ashok Argal, Faggan Singh Kulaste and Mahavir Bhagora, MPs, in the matter. 5. At their third sitting held on 7 August, 2008, the Committee examined on oath Shri Ashok Argal and Shri Faggan Singh Kulaste, MPs. The Committee received a communication from Shri Mahavir Bhagora, MP stating that he was not in a position to appear before the Committee for oral evidence as he had undergone a bypass heart surgery and was still in the hospital in Ahmedabad. 6. At their fourth sitting held on 11 August, 2008, the Committee examined on oath Shri Rajdeep Sardesai, Editor-in-Chief, CNN-IBN, and Sarvashri Rohit Khanna, Saif R. Kidwai, Siddhartha Gautam, Sudesh Bhatt and Karamveer, members of the CNN-IBN sting operation team. 7. At their fifth sitting held on 18 August, 2008 the Committee examined on oath Shri Rewati Raman Singh, MP, and Sarvashri Sudheendra Kulkarni, Sanjeev Saxena and Suhail Hindustani, whose names were mentioned by Shri Ashok Argal and Shri Faggan Singh Kulaste, MPs during their evidence before the Committee. On 26 August, 2008, the Committee inspected the bundles of currency notes (in the room of Secretary-General, Lok Sabha, where they were kept under lock and key) which were placed on 1 the Table by Shri Ashok Argal, Shri Faggan Singh Kulaste and Shri Mahavir Bhagora, MPs on 22 July, 2008. 8. At their sixth sitting held on 27 August, 2008, the Committee deliberated on the matter. 9. At their seventh sitting held on 11 September, 2008, the Committee again deliberated on the matter. 10. At their eighth sitting held on 25 September, 2008, the Committee were scheduled to hear Shri Hashmat Ali, driver of Zen car, which went to Shri Amar Singh’s residence on 22 July, 2008. As Shri Hashmat Ali did not appear before the Committee to give his evidence, the Committee directed the Secretariat to prepare draft Report in the matter. 11. At their ninth sitting held on 6 October, 2008, the Committee considered their draft Report. Members expressed their views. 12. At their tenth sitting held on 17 October, 2008, the Committee considered their revised draft Report. Copies of (i) the letter dated 15 October, 2008, addressed to the Chairman of the Committee by Prof. Ram Gopal Yadav; and (ii) the letter dated 16 October, 2008, addressed to the Chairman of the Committee by Prof. Vijay Kumar Malhotra were circulated to the members of the Committee. The Committee took note of the suggestions made in the said letters for incorporating changes in their draft Report. 13. At their eleventh sitting held on 30 October, 2008, the Committee considered their final draft Report. Prof. Vijay Kumar Malhotra and Shri Mohd. Salim, members of the Committee expressed reservations about findings, conclusions and recommendations of the Report and observed that they would like to give notes of dissent. They were accordingly granted them time upto 5 PM on 6 November, 2008 to give notes of dissent. The Report was, thereafter adopted. The Committee authorized the Chairman to present the Report to the Speaker, Lok Sabha after appending thereto notes/notes of dissent that may be given by the members. II. Facts of the case 14. On 22 July, 2008 during the debate on the Motion of Confidence in the Council of Ministers, at about 16.04 hrs. Shri Ashok Argal, Shri Faggan Singh Kulaste and Shri Mahavir Bhagora, MPs came to the well of the House with two bags. The members took out wads of currency notes from the bags with them and started placing the same on the Table of the House. Amidst pandemonium, the Deputy Speaker who was in the Chair adjourned the House till 16.15 hrs. [The House was, thereafter, adjourned twice i.e. at 16.19 hrs. till 17.00 hrs. and again at 17.00 hrs. till 18.00 hrs.]. 15. Thereafter, when the House met at 18.00 hrs. the Speaker made the following observation: “Hon. Members…some time back, when my distinguished colleague, hon. Deputy-Speaker was presiding over the proceedings of the House, certain incidents have taken place, which according to me, are most unfortunate. It is a very sad day in the history of Parliament that such a situation has happened. Thereafter, I called a meeting of the hon. Leaders. I am grateful to the hon. Leader of Opposition. He was very kindly present also. We have heard the three hon. Members of the House. They had some complaints to make. I had requested them to put their complaints in writing to me. I assured them, I assured the leaders and I assure the House that all possible steps that are required in that connection 2 will be taken by me as a custodian of this House. It is my duty to do that and I seek the cooperation of all sections of the House. Please allow me to apply my judgment, look into the matter, and I can assure you nobody will be spared if found guilty.” 16. Since requisite comments of three members were not received till the evening of 23.7.2008, letters were sent requesting them to expedite their statements/comments.
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