July 27, 2000 23:35 Hrs (IST)
New Delhi: Former law minister Ram Jethmalani launched a sweeping offensive on
Thursday that has the potential to set off deep political rumblings, taking on the
prime minister, the Chief Justice of India and attorney general over his ouster from
the Union cabinet.
While Jethmalani accused Prime Minister Atal Behari Vajpayee of allowing himself to
be "misled" into sacking him, he called into question the propriety of some of Chief
Justice A.S. Anand's observations in the Supreme Court.
As for Attorney General Soli Sorabjee, Jethmalani, 76, let loose a volley of damning
allegations of official misconduct and violation of rules against him. Challenging
the government's stand that he had resigned on his own, Jethmalani said, "Let me not
pretend that I just resigned. I was sacked."
While saying he did not "blame the prime minister at all", Jethmalani charged
Vajpayee with being "misled" into believing he (Jethmalani) had "unnecessarily
angered" the chief justice and the attorney general.
Addressing a news conference where he released the 17-page statement over his
resignation he wished to make in the Rajya Sabha and which was deferred by chairman
Krishna Kant yesterday, Jethmalani said, "I was not informed of the reasons which
called for this demand (for his resignation) and was left to conjecture."
Though maintaining that he had "extremely cordial" relations with Anand, Jethmalani
made bold to say that the "propriety" of the chief justice's statement in the court
on July 21, in which he censured government functionaries for making comments
contrary to the government's affidavit on the issue of the Srikrishna Commission
Report, was "questionable".
Anand had seemed to question Jethmalani's assertion that Shiv Sena chief Bal
Thackeray, who had been indicted by the report for the 1992-93 communal riots in
Mumbai, could not be prosecuted for his allegedly inflammatory writings as the case
was time-barred.
The former law minister today opened up an entirely new front by alleging that the
chief justice had been "cold" towards him because he was seized of a legal matter
concerning members of Anand's family, namely, his wife and mother-in-law. Jethmalani
alleged they had obtained a decree in their favor from the "hapless" subordinate
judiciary in Madhya Pradesh in a suit barred by limitation for two decades.
Explaining the sequence of events, Jethmalani said the matter first came to light in
a magazine that levelled the allegations. But once he began to deal with it, the
former law minister said a cabinet colleague told him that his interest had "upset"
the chief justice and that he might be dropped from the Union cabinet.
Jethmalani also referred to the appointment of the chairman for the Monopolies &
Restrictive Trade Practices Commission (MRTPC), in which, he said, he refused to
consult the chief justice. Jethmalani was also minister for company affairs, a
portfolio that goes with law.
Jethmalani said the rules stipulated consultation with the chief justice only in the
appointment of a sitting judge and not a retired judge, as was the fact in this
case. When Anand insisted that he be consulted, Jethmalani said he stuck to his
standpoint.
"I do not easily surrender the privilege of the executive merely to keep a chief
justice happy and contented," he said, adding, "This seems to have offended his
lordship's dignity." Anand is presently abroad.
The former law minister also levelled serious allegations of official misconduct by
Attorney General Sorabjee.
He said the attorney general had compromised his office by giving legal opinion for
a fee to the business family of the Hindujas, who are among those investigated by
the Central Bureau of Investigation (CBI) in the Bofors kickbacks case. Jethmalani
also accused Sorabjee of giving his legal opinion on policy matters in a telecom
case, in which the government wrote off outstanding dues from various parties.
"Government's decision may well be justified on economic grounds and I supported the
Cabinet decision, but the attorney general has no business to give advice on matters
of policy," Jethmalani said.
He also alleged that Sorabjee was reimbursed for "huge bills" which ran into
hundreds of thousands of rupees for advising the government on the telecom matter
though the fees were not legally admissible. Jethmalani alleged he was "asked" to
change the rules, which he refused. "Ultimately the payment was made even without
amendment of the rules," he said.