Bengaluru: Experts divided over 'payment' diaries standing legal scrutiny


'Courts will not accept unknown diary entries as evidence'

Bengaluru, Feb 28 (DHNS): Karnataka had almost become synonymous with illegal mining a few years ago. The multi-crore mining scam shook the then BJP government with many politicians ending up behind bars.

The state is again in the news for a wrong reason: Diaries reportedly maintained by state units of the Congress and the BJP on donations made to their respective high command, have created political tremors at the national level.

The dairies, it is said, belong to Congress MLC K Govindaraj, who is also Parliamentary Secretary to the chief minister and second-time BJP MLC Lahar Singh.

Now the big question is: whether entries of the payments reportedly mentioned in the diaries stand legal scrutiny? Legal experts are divided in their opinion in this regard.


K Govindaraj and Lahar Singh

While some believe that the diary entries do not carry any weight legally, others believe that the entries in the diary is proof enough to start a criminal investigation.

According to senior advocate C V Nagesh, the diary entries are nothing more than self-serving details and the law does not recognise them as evidence of any payment made.

“Some entries made in some unknown diaries cannot be taken as evidence. Unless such entries are made in proper account books, court will not accept them as evidence. Moreover, both of them (Govindaraj and Singh) have disowned the diaries,” he added.

But another senior advocate K V Dhananjay had a different view. Diary entries are enough to start a criminal investigation. Only investigation will reveal whether payment is really made or not. It can be proved by finding corroborative evidence like money trail and bank balance of persons who have made the payment and those who have received money. So the diary entries are an extremely serious issue, he added.

He also said the persons involved, Govindaraj and Lahar Singh, should have filed an affidavit in court by now, declaring that the diary does not belong to them. They can also urge the court of law to stop those who are making those accusations and take action against them.

Former Karnataka Lokayukta N Santosh Hegde said a thorough investigation has to be done to ascertain the fact. Normally I-T department takes signature of the accused while confiscating anything at the time of raid. The diary issue has exposed political parties. It is high time reforms are brought in in political funding, he added.

What former law ministers say...

S Suresh Kumar : The diary entries of Govindaraj have put a question mark on political funding. The entries clearly indicate money has changed hands. The election commission has raised a debate on political funding. One thing is very clear — whoever wants to retain their chair (ministership), they come under the ‘payment quota’ to survive. India’s oldest political party, the Congress, has many things to answer now. The BJP had been doubting the Congress government’s intention to push hard for the Hebbal steel flyover. From the diary it is clear that Rs 65 crore is the kickback involved.

M C Nanaiah: A piece of paper and jottings on it can’t serve as evidence to prove money transactions. The Supreme Court in the hawala case and Sahara case have clearly said that the entries in a diary can’t serve as evidence. The I-T department or the CBI can investigate provided there are people to admit that they gave money or recieved money. The Karnataka diary cases too can’t go to a logical end.

  

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Comment on this article

  • Shibu, Dubai

    Tue, Feb 28 2017

    if Dairy was found in Leher Singh House in 2013, why congress was hiding till today?
    Either to Blackmail or to use as trumph card?

    hiding and evidence also against Supreme Court Verdict, which have equal right to Have Chappal Seva to congress,

    Now let Congress decide who will be hounoured with Seva
    Siddu?
    Param?
    Gundu?
    Thundu?
    Pappu?
    Shona?
    Oscar?

    DisAgree [11] Agree [9] Reply Report Abuse

  • kas, Mangalore

    Tue, Feb 28 2017

    Include the donkey also.. Do not be unfair .....

    DisAgree [6] Agree [12] Reply Report Abuse

  • Shibu, Dubai

    Tue, Feb 28 2017

    even akhilesh will get his own share,
    your new partner

    DisAgree [8] Agree [5] Reply Report Abuse

  • Amigo, Mangalore

    Tue, Feb 28 2017

    Are you a ONE EYED KING to forget some other names like :
    JOOT-LAY,
    Chikki,
    Vyapam ,
    Raje,
    Dawood friend,
    Yale ,
    15 lakhs,
    etc.....

    DisAgree [5] Agree [4] Report Abuse

  • Rajesh, dubai

    Tue, Feb 28 2017

    quote
    The Guru, Mangalore
    Fri, Feb 24 2017
    Rajesh, dubai

    Jain-Hawala story is a closed since there is a judgment provided by the high court and on Sahara Diary issue supreme court had given the judgment...

    Let there be a investigation to know if the diary found in MLC house is fake or genuine and let the court provide the judgment..

    Note: This diary was found in congress MLC house and it provides the details of the money paid to the congress high command
    unquote.
    Above article says..... dairies found in both political parties offices....... But some of them only target opposite...... Guru Why are supporting BJP only????? Are you a chamcha of BJP????

    DisAgree Agree Reply Report Abuse

  • Anand, Karkala

    Tue, Feb 28 2017

    What is the source of Income of Political Parties?

    DisAgree Agree [8] Reply Report Abuse

  • Peter, Mumbai

    Tue, Feb 28 2017

    Anand,

    Minimum 1000 crores at a time from states that too sending by special flights.

    DisAgree [4] Agree [5] Reply Report Abuse

  • Rajesh, dubai

    Tue, Feb 28 2017

    What is the income of Gabbar Singh in Sholay????? Kill and loot,,,,,,?

    DisAgree [3] Agree [5] Reply Report Abuse

  • kas, Mangalore

    Tue, Feb 28 2017

    superb comment ....

    DisAgree [5] Agree [1] Report Abuse

  • Vincent Rodrigues, Katapadi/Frazer Town,Bangaluru

    Tue, Feb 28 2017

    This may not be hold good as a right evidence in the court without any authenticity

    DisAgree [5] Agree [6] Reply Report Abuse

  • Lexy Saldanha, Mangaluru/ Sydney- Australia

    Tue, Feb 28 2017

    Jossey Saldanha, Mumbai,

    Diaries, payment, record and details can stand in the court, provided the I-T Department has taken signatures, verified the hand writing & content of the person who's house it was found, this will really dent congress hopes of retaining its govt in 12 months time. Time is running out, some where in April 2018 Election commissioner will announce the dates for Karnataka assembly polls.

    Better CBI investigate both Govindarju & Lehar Singh's diaries, let there be impartial inquiry. Karnataka tax payers are bound to know where the wealth of the state is looted.

    Hope common sense prevails and guilty punished regardless of the party.

    Jai Hind, Jai Karnataka.

    DisAgree Agree [17] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Feb 28 2017

    Diaries payment cannot stand in any court of Law ...

    DisAgree [10] Agree [17] Reply Report Abuse

  • Anita, Mangalore

    Tue, Feb 28 2017

    but its stands in Janatha Janardhan court, and janatha Janardhan will give judgement once in 5 year.

    do not underestimate power of common man.

    DisAgree [15] Agree [12] Reply Report Abuse

  • kas, Mangalore

    Tue, Feb 28 2017

    Do not forget that the name of donkey / google certificate holder is also appearing in the diaries

    DisAgree [9] Agree [6] Reply Report Abuse

  • Anita, Mangalore

    Tue, Feb 28 2017

    dear Kas, for mouth ka saudaghar, people gave good treatment in last general election,
    offcourse akhilesh talk about donkey, and people are giving answer to him,
    dont worry jossey brother, no one will answer to donkey, u can keep on writting

    DisAgree [6] Agree [10] Report Abuse

  • kas, Mangalore

    Tue, Feb 28 2017

    Anitha, The world will not forget the google certificate, and the 12 year ban from USA.... Check the history to read the death about Hitler / Aerial Sharon.... Also read how Vajpayee is suffering in his death bed, dumb and deaf since 5 years... THE CURSES OF THE INNOCENT PEOPLE WILL NOT GO WASTE ......

    DisAgree [11] Agree [5] Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Feb 28 2017

    Where did you disappear ...

    DisAgree [9] Agree [2] Reply Report Abuse

  • Anita, Mangalore

    Tue, Feb 28 2017

    forget where i was disappeared
    think where you will hide yourself once after congress mukhth bharat?

    Italy?

    DisAgree [8] Agree [8] Report Abuse


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Title: Bengaluru: Experts divided over 'payment' diaries standing legal scrutiny



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