New Delhi, Aug 5 (IANS) The Delhi High Court Friday rejected a petition of Congress MP and former Commonwealth Games Organising Committee chief Suresh Kalmadi, at present in jail over irregularities in the Games, seeking permission to attend the ongoing monsoon session of parliament.


Rejecting 67-year old Kalmadi's application, Justice Rajiv Sahai Endlaw has also imposed a fine of Rs.1 lakh on him. The amount will deposited in the prime minister's relief fund.

Upholding the government's contention that the rights of a parliamentarian cannot be higher than that of an ordinary citizen who is under arrest, the court said: “Allowing the petitioner (Kalmadi) to attend Parliament, even if in judicial custody, would certainty provide the petitioner respite from imprisonment. I see no reason to carve out an exception in favour of the petitioner when his fellow prisoners are not provided such respite.

"The parliamentary privileges which the members of parliament enjoy are intended to facilitate their work as representatives of people and should not be mistaken as indicative of rank or creating a separate class different from the other citizens,” the court said.

Earlier, the government opposed the application saying that Kalmadi's medical report stated that he had memory loss problems.

The Central Bureau of Investigation (CBI) vehemently opposed Kalmadi's plea saying he was making all attempts to get bail indirectly as the trial court has rejected his bail plea.

The court had reserved its order on the issue Aug 1.

“Merely because Kalmadi is MP does not entitle him to claim any exception from the effect of being in detention. Else, the petitioner has not made out any case necessitating him to attend parliament,” the court observed.

Earlier, senior advocate Ashok Desai, appearing for Kalmadi, submitted his attendance record of past two years before the court and claimed the lawmaker has a satisfactory attendance of 80 to 100 per cent.

He submitted that in the 14th Lok Sabha, Kalmadi had asked 154 questions and in the present Lok Sabha, so far, he has asked 42 questions.

Clarifying that during the Commonwealth Games 2010, Kalmadi was unable to attend the parliament session, Desai said his client had "a special duty to perform".

"Under Article 105 of the Indian Constitution, special rights and privileges have been given to parliamentarians and the fundamental rights under Article 19 are overridden by the provision made for the MPs,” said Desai, seeking the court permission to allow Kalmadi to attend parliament session under judicial custody.

During the course of arguments, Desai said that the court can not stop the parliamentarian from attending the parliament session and obstruct him from freedom of speech.

Kalmadi July 29 approached the high court after withdrawing the same application from a trial court.

He was arrested April 25. The CBI May 20 filed its first charge sheet in the corruption case against him and 10 others.

The probe agency has described Kalmadi as the prime accused in the case related to financial irregularities in awarding a Rs.141 crore contract for timing, scoring and result system for the October 2010 sporting event.