assistance of Sri Yashpal Kapur, a Gazetted Officer in the Government of
India for the furtherance of her election prospects inasmuch as Shri Yashpal
Kapur was made to go to Rae Bareli on 7-1-1971 and deliver a speech at
Shaheed Mela in Munshiganj canvassing support for her candidature".
414. Now, it is a well settled rule repeatedly laid down by this Court that
allegations of corrupt practice in the course of an election must be judged by
the same standards as a criminal charge. And no rule of evidence in judging
guilt on a criminal charge is more firmly rooted than no charge resting on
circumstantial evidence could be held to be proved beyond reasonable doubt
unless the chain of circumstances is so complete and so connected with the
charge that it leaves no other reasonable hypothesis open for the Court to
adopt except that the offender had committed the offence alleged (See e.g.
Smt. Om Praha Jain v. Charan Das AIR 1975 SC 1417 at p. 1426).
415. The learned Judge dealt with evidence on issue No. 1 relating to the
activities of Shri Yashpal Kapur by dividing it into three periods (1) from 2712-1970 to 13-1-1971 when Shri Kapur had not resigned from Govt. service
(2) from 14-1-1971 to 25-1-1971 the period after Shri Kapur's resignation
upto its acceptance by the President of India evidenced by a notification
dated 25-1-1971; (3) from 26-1-1971 to 6-2-1971 the period after the
acceptance of Shri Kapur's resignation and upto the date of the publication of
it in the Official Gazette. The learned Judge considered only the first two
periods material as he held the activities in the third period to be above board
because Shri Kapur was free to do what he liked in this period. Hence the
fact that the original respondent appointed Shri Kapur her election agent on
1-2- 1971 made no difference to the result in the third period. But we will find
that a very glaring feature of the findings relating to the first two periods is
that the original respondent is held vicariously responsible without anything
beyond the activities of Shri Yashpal Kapur and his position as an Officer on
Special Duty in the Prime Minister's Secretariat to justify the inference that
he had an express or implied authorisation on direction from the Prime
Minister to do anything in general or in particular on her behalf for her
election.
416. Let us take the first period. What was required to be approved,
beyond all reasonable doubt from the evidence on record on this part of the
case, was that Shri Yashpal Kapur had been instructed or directed by the
original respondent to render the help if any, that he did give by the speech
he was alleged to have made at a fair at Shaheed Mela (Martyrs fair) at
Munshiganj in Rae Bareli on 7-1-1971, canvassing support for the original
respondent's election – an allegation which Shri Yashpal Kapur had denied
in so far as any mention of the original respondent's candidature is
concerned. Shri Kapur admitted that he had gone there with Shri Gulzarilal
Nanda, a former Minister of the Central Government but said that he had
only, when called upon to do so paid his tribute to the memory of the martyrs.
417. The learned Judge held that the recollection of Shri Yashpal Kapur
about what he said at the Shaheed Mela on 7-1-1971 was less reliable than
the statement of Shri Vidya Shankar Yadav (P.W. 43), an Advocate belonging
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