Referring to the affidavit filed by Kalmadi, 66, in which he has for the first time admitted to undergoing treatment for memory loss, the government submitted before Justice Rajiv Sahai Endlaw that under these conditions he should not be allowed to attend the monsoon session.
"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 Chandihoke, appearing for the government, said.
"What will he remember? What will he understand and what will he be able to do in Parliament if he has a loss of memory," he asked adding the petition is not maintainable and Kalmadi should approach the trial court.
He further said Kalmadi was making all attempts to get bail indirectly on the pretext of attending Parliament session as the trial court has rejected his bail plea.
The Central Bureau of Investigation also vehemently opposed Kalmadi's plea saying there is no provision under law allowing an MP, who is under judicial custody, to attend the session.
"Whoever is in the lawful custody has no right to attend the Parliament session," advocate Dayan Krishnan, appearing for CBI, said while countering Kalmadi's plea that he has special right under the Constitution and he should be allowed to participate in the session in custody.
