The Supreme Court on Thursday directed that an affidavit be filed on behalf of Prime Minister Manmohan Singh explaining his “alleged inaction and silence for 16 months” on Janata Party chief Subramanian Swamy's plea for sanction to prosecute A. Raja, who has resigned as Communications Minister in the 2G spectrum allocation issue.
This was notwithstanding Solicitor-General (SG) Gopal Subramaniam's assertion that every letter from Dr. Swamy was adequately considered and replied to by Dr. Singh.
A Bench of Justices G.S. Singhvi and A.K. Ganguly told the SG that it was better an affidavit was filed “so that tomorrow you may not say that opportunity was not given to place the records and documents.” The Bench was hearing Dr. Swamy's petition for a direction to the Prime Minister to grant sanction for prosecution of Mr. Raja. On Tuesday, the court asked the SG to respond to Dr. Swamy's allegation that the Prime Minister had remained silent on his complaint and no action was taken.
On Thursday, the SG said he had verified all records and found that every letter of Dr. Swamy had been adequately dealt with. He said the “truth is so apparent” and he realised that he himself had given advice in this matter.
Dr. Swamy disputed this claim and said that after he filed the complaint in November 2008, he got a letter only in March 2010 and no other communication was received from the Prime Minister. He got a letter from Mr. Raja, to whom Dr. Singh had forwarded his complaint, stating there was no merit in his request.
At this, Justice Ganguly said: “He [Mr. Raja] is not the sanctioning authority. We can't consider his reply. It is an extremely serious matter. We must know what has been kept back.”
The SG said: “The Prime Minister has maintained the highest tradition and propriety. We have brought all the records and I will be in a position to place before you the records. I only say that all the communication had been considered and dealt with.”
When the SG sought to know whether the Prime Minister himself should file the affidavit or an official could do so, Justice Singhvi said any officer on his behalf could file the affidavit. The Bench directed that it be filed by Saturday and Dr. Swamy's response by Monday.
The matter is listed for further hearing on Tuesday.
