UPA parties, Governors, bureaucrats stuck in legal jams

Back-to-back controversies put UPA in a spot

July 27, 2014 11:57 pm | Updated November 17, 2021 01:31 am IST - NEW DELHI:

Political parties in the United Progressive Alliance (UPA), judges during its tenure and trusted bureaucrats-turned-Governors have found themselves embroiled in five back-to-back legal controversies since the UPA lost power to the National Democratic Alliance two months ago.

Last week, Attorney-General Mukul Rohatgi said the Congress does not have any claim to the Leader of the Opposition post in the Lok Sabha. Though the Congress dismissed the opinion as one taken to “please his political masters”, the Attorney-General’s two earlier opinions — on the Aircel-Maxis deal and AgustaWestland chopper scam — has put the UPA in an embarrassing spot.

Aircel-Maxis deal>On July 22, Mr. Rohatgi informed the CBI that there is enough evidence to prosecute Dayanidhi Maran , the Telecom Minister during UPA-1 government, in the Aircel-Maxis deal. The matter was pending with the former government’s Attorney-General G.E. Vahanvati.

In the >AgustaWestland chopper scam, Mr. Rohatgi concluded that serving Governors can be questioned by an investigating agency as “witnesses”. This is despite an earlier view held by UPA-II Solicitor-General Mohan Parasaran that questioning serving Governors is constitutionally impossible.

Mr. Rohatgi’s opinion opened the doors for the CBI to question West Bengal Governor M.K. Narayanan on a 2005 meeting regarding the chopper deal in which he had allegedly participated as the National Security Adviser.

Mr. Narayanan subsequently resigned, but not before the agency made history by questioning a serving Governor for the first time. Goa Governor B.V. Wanchoo also resigned. He, too, had allegedly taken part in the meeting in his capacity as Special Protection Group chief at that time.

Former Supreme Court judge Markandey Katju opened a Pandora’s box by revealing in his blog that the Manmohan Singh government buckled under pressure from its ally DMK to press the highest judiciary for an extension of tenure to a Madras High Court judge despite an adverse Intelligence report against him.

A PIL petition has been filed in the Supreme Court seeking a high-level probe into the roles of three successive former Chief Justices of India — R.C. Lahoti, Y.K. Sabharwal and K.G. Balakrishnan — in the controversy. Former Prime Minister Manmohan Singh and DMK chief M. Karunanidhi are named as parties in the petition.

Rahul, Sonia summoned Congress president Sonia Gandhi and vice-president Rahul Gandhi have been summoned by Delhi Magistrate Gomati Manocha to appear before the court on August 7 on a complaint filed by BJP leader Subramanian Swamy alleging that they had fraudulently acquired Associated Journal Ltd., publisher of the now defunct National Herald newspaper, and transferred its assets worth crores of rupees to another company, Young Indian.

Others summoned in the case include Congress treasurer Motilal Vora, party general secretary Oscar Fernandes, Suman Dubey and Sam Pitroda.

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