NEW DELHI, May 14:
Senior BJP leader Arun Jaitley today slammed Congress general secretary Digvijay Singh for his remarks on the judiciary and said the comments seem to be the “frustration of a loser” after the Supreme Court observations against the CBI’s functioning.
The AICC general secretary on Monday in an interview to a TV news channel had commented on the Supreme Court over its observation that CBI was a “caged parrot” that “speaks in its master’s voice”.
“Digvijay Singh is known to speak out of turn. His latest comment on how judges of the Supreme Court should conduct themselves while hearing a case was an unwarranted advice to the judicial institution,” Mr Jaitley said in an article.
The Leader of the Opposition in Rajya Sabha said criticism or comment which is intended to improve the functioning of the justice delivery system is always welcome.
“However, the motivation behind this criticism cannot be the frustration of a loser. This regrettably appears to be the impression that Digvijay Singh has conveyed,” Mr Jaitley said.
Mr Jaitley said the comment that judges only speak through written orders and not orally can only come from a person unfamiliar with the functioning of a court.
The BJP leader said if judges ever heeded to Digvijay Singh’s “ill-advised suggestion” of not speaking in court, hearings would become dull and often lead to miscarriage of justice since an opportunity to correct erroneous impression would be lost.
Mr Jaitley said when a government or an investigating agency is going wrong, oral observations nudge the agency into correction.
“The final order expresses the considered opinion of the court. In a case like the Coal block allocation investigation, a combination of oral observations coupled with a detailed written order blends judicial activism with restraint and statesmanship. The two together contribute to the administration of justice,” he said.
The Leader of the Opposition in Rajya Sabha said over the years the CBI has ‘belittled’ itself and the government has “actively contributed” to this process. The image of the CBI has touched a rock bottom.
Mr Jaitley slammed the Congress-led UPA government for ‘misusing’ the CBI for political purpose.
“The agency has been misused against political rivals. The agency has been used to pacify leaders of the Samajwadi Party and the BSP in order to contribute to the longevity of the government,” he alleged.
Mr Jaitley said in coal blocks probe, the Supreme Court got an impression that the agency was not being fair and honest.
Mr Jaitley said the CBI’s Coalgate status report to the court had been ‘doctored’ and the ‘heart’ of the report had been ‘altered’.
“Sustained grilling and oral observations compelled the CBI to admit that the Law Minister and the officials of the PMO and Coal Ministry had made important deletions and changes in the report. The changes were significant. Here was a pliable CBI quite content with the executive including the possible suspects altering the status report,” he said.
Mr Jaitley added that the entire movement for the enactment of a Lokpal and a liberated CBI has yet not succeeded. At every stage the government has been “slow and reluctant”.
“The CBI gets belittled when it bends before to political pressure and conducts a pliable investigation. On the contrary when the court discovered this pathetic plight of the CBI, its investigation had to be monitored.
“The delinquent minister had to resign. The officials are still struggling for what reply to give. The government is nervous,” Mr Jaitley said.
He said the order of the apex court indicated that either the government prepares a legislative plan to insulate the CBI or the court could issue specific guidelines.
The BJP leader further said if the CBI is made more independent, it does not get belittled; on the contrary, it is strengthened.
He said it is the duty of the court to ensure that investigations are independent.
Mr Jaitley said in the 2002 riots in Gujarat the investigation was under the state police. The court first ordered a probe by a SIT comprising police officers of the state.
“Not being satisfied with that investigation the Supreme Court appointed its own SIT comprising officers from outside the state. It then appointed an amicus curiae to offer comments on that investigation.
“The likes of Digvijay Singh welcomed that monitoring. It is only when the corruption of the UPA government is being probed by the CBI and monitored by the Supreme Court that monitoring of investigation is now being termed as constitutionally unacceptable. Such arguments of convenience have very little place in a meaningful public discourse,” Mr Jaitley added. (UNI)
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