The Centre for Public Interest Litigation (CPIL), an NGO whose PIL petition led to the cancellation of 122 2G licences, has refused to disclose to the Supreme Court the identity of the whistleblower who passed on documents allegedly showing that CBI chief Ranjit Sinha met persons accused in the 2G spectrum and coal scam cases.
Instead, an affidavit filed by the NGO on Thursday, through advocate Prashant Bhushan, said the court could easily verify the truth from the CBI’s own documents or seek the assistance of Anand Grover, the new Special Public Prosecutor in the 2G scam trial.
The affidavit also suggested that the court set up an SIT to question the guards at the CBI Director’s official residence to cross-check the authenticity of the entries in the visitors’ book.
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A Bench of Justices H.L. Dattu and S.A. Bobde had on September 15 passed an order seeking the identity of the whistleblower in a sealed cover. The court had promised confidentiality.
But the CPIL said its founding members, including senior advocates such as Fali Nariman, Anil Divan, Shanti Bhushan and Justice (retd) Rajinder Sachar, had unanimously resolved that disclosing the whistleblower’s identity would be a breach of trust.
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“In almost all PIL petitions that the CPIL has filed, information is generally received from persons who wish to keep their identity secret. Revealing it would not only be a breach of trust, but also puts them under serious risk of bodily harm, harassment and victimisation,” the affidavit said. It pointed out that the Whistleblower Protection Act, 2011, mandates concealment of the source’s identity unless the person himself wants to reveal it.
The affidavit points out that the Supreme Court had in the past entertained a liberal approach in cases which highlight wrongdoings against public interest.
The next hearing is scheduled for September 22.