"Allowing the petitioner to attend the Parliament, even in judicial custody, would certainly provide the petitioner respites from imprisonment. I see no reason to carve out an exception in favour of the petitioner when his fellow prisoners are not provided such relief," Justice Rajiv Sahai Endlaw said while dismissing 67-year-old Kalmadi's plea.
The CBI had vehemently opposed the plea saying the MP was making all attempts to get bail indirectly after he was denied relief by the trial court.
"I find no merit in the petition. The petition is dismissed with cost of one lakh and the same should be deposited with the Prime Minister's Relief Fund," the judge said.
The court had reserved its order on the issue on August one.
"Merely because the petitioner (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 the Parliament," Justice Endlaw said.
"As per the medical report of Kalmadi, he is suffering from various ailments, including loss of memory and neurological infractions. If this is the condition of an MP, what will he remember from his constituency and present before Parliament?," Additional Solicitor General A S Chandhiok, appearing for the Centre, had submitted referring to the affidavit of Kalmadi.
Senior advocate Ashok Desai, appearing for Kalmadi, had said his client should be allowed to discharge his constitutional obligation for which he would abide by all the conditions that may be imposed by the court.
Placing before the court the MP's attendance record in the past two years, Desai had claimed the lawmaker had a satisfactory attendance of 80 to 100 per cent.
He had submitted that in 14th Lok Sabha, Kalmadi who has been elected from Pune had asked 154 questions and in the present Lok Sabha so far he had asked 42 questions.