No interference of minister in 2G probe, Centre tells SC

Files affidavit saying allegations made to tarnish the govt

PTI | January 18, 2012



Government on Tuesday filed an affidavit in the supreme court rejecting the allegation of interference by law minister Salman Khurshid in the investigation into 2G spectrum case as "baseless" and said it was not trying to "influence" the probe against Essar Group.

In the affidavit, the centre said such allegations were being made to tarnish and discredit government's image and such a serious charge against the minister who is not a party to the matter was "impermissible" in law.

The centre filed a comprehensive affidavit in response to the notices that the probe agencies were allegedly going soft on companies like Essar, Loop and their promoters by not slapping corruption charges against them in the case arising out of the 2G spectrum scam.

The court had sought response on an application filed by an NGO, centre for Public Interest Litigation (CPIL), which also alleged that such a decision was "facilitated" by the intervention of CBI Director and law minister Salman Khurshid.

Brushing aside the allegations, the centre's affidavit filed through advocate Wasim Ahmed Qadri, said "it is emphatically denied that the law minister is publicly giving clean chit to Essar/Loop. The entire matter is in the domain of the CBI and the court, which will take an independent view of all aspects of the matter."

It said that making "such serious allegations" against Khurshid and others, who are not a party to the case is "impermissible" in law and the application filed by the NGO centre for Public Interest Litigation (CPIL) are liable to be rejected.

The affidavit said "petitioners have made it a practice to make serious allegations against the functionaries of the government holding high constitutional positions, one after another".

The affidavit said the allegations "shows a design to tarnish their image and discredit the government, taking undue advantage of the wide publicity given to court proceedings including the baseless allegations made in such interim applications (IAs)".

Denying the allegation that Khurshid was publicly giving clean chit to Essar, the affidavit said the opinion of the Attorney General (AG) G E Vahanvati did not intend to interfere in the probe.

"This (AG's) opinion did not and was never intended to interfere with the investigation being done by the CBI. The applicants' plea that interference of an influential minister is evident, is baseless," the centre said.

"CPIL is consistently opposed to the ruling party and have been adopting the devise of filing IAs ostensibly seeking permission to bring certain facts on record but in the applications or the affidavits filed in support thereof targeting individual ministers or the Attorney General or officers of CBI by name behind their back in flagrant breach of principles of natural justice.

The centre said "a proceeding which started as public interest litigation is now turning out to be a political interest litigation".

The affidavit said all aspects were considered by the departments of Telecom and Company Affairs before granting approvals relating to acquisition of shares.

The centre said it was for the investigating agency to consider all relevant facts and materials including those mentioned in the AG's opinion and take necessary steps and the NGO cannot assume a role of supervisors of the probe.

The affidavit said "It is respectfully submitted that the applicants cannot assume the role of self-appointed supervisors of investigation on the basis of their own suspicion and presumption that everyone is corrupt.

"No department of the government can interfere with the ongoing investigation of the CBI or the ED much less the applicants (NGO) who are private parties and have no role at all in this matter."

The ministry sought rejection of the interim application filed by the NGO saying it was not maintainable after orders have been reserved on conclusion of elaborate arguments by all the parties in the main matter.

It said the apex court's judgement is still awaited on the issue whether court monitoring can continue after the trial court has taken cognisance of the offences involved and by filing this application, the NGO have "prejudged" the issue and assumed that monitoring will continue.

Comments

 

Other News

El Niño threatens India’s Rabi crops

India’s southwest monsoon ended with a 13% rainfall deficit in 2026, its weakest performance in a decade, raising concerns over agricultural production, water security and the upcoming rabi season. With El Niño expected to persist into early 2027, experts warn that declining soil moisture, dep

Regulating the data advantage: India’s new e-Commerce framework

For over a decade, India’s e-commerce story has rested on a simple premise: platforms connect buyers and sellers, while data fuels efficiency, personalisation, and scale. However, as the market matured, its structure has revealed a growing imbalance. E-commerce platforms, especially marketplace ent

Changing weather patterns, climate change responsible for Nepal floods

The interaction between active Western Disturbances, increased atmospheric moisture and the region’s complex topography aswell as global warming are important factors behind intense rainfall in the Himalayas, leading to flash floods in Nepal, according to meteorologists. Nepal

A right she cannot reach

Last summer, the two of us spent several weeks in rural Madhya Pradesh with a non-profit that works on gender justice through women’s self-help groups. We went in with a notebook full of laws. The Protection of Women from Domestic Violence Act. The Dowry Prohibition Act. Free legal aid for every wo

Tier-2 cities lead India’s digital credit push

Digital payments have become a reflex for urban India, but the confidence earned in paying has not yet carried over to borrowing. That is the central finding of `How Urban India Pays Report 2026`, released by Pahlé India Foundation in collaboration with Amazon Pay. Based on a survey of 5,149 consu

India calls for doubling bilateral trade with UK by 2030

Commerce and industry minister Piyush Goyal has called upon businesses in India and the United Kingdom to translate the opportunities created by the India-UK Comprehensive Economic and Trade Agreement (CETA) into expanded trade, investment, partnerships and job creation. Addressing the Bu

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter