Press
Briefing Monday, 12th July 2010
Shri
Manish Tewari addressed the media today.
Shri Manish Tewari said that the Central Bureau of
Investigation has filed a charge sheet against the
Hon’ble Speaker of Punjab Vidhan Sabha in a CBI Special
Court. The matter pertains to alleged corruption in the
recruitment of 909 Panchayat Secretaries during the
tenure of the current Speaker of the Punjab Vidhan Sabha
when he was the Minister for Rural Development and
Panchayti Raj. It would be pertinent to recap that the
Hon’ble speaker of the Punjab Vidhan Sabha had
challenged the FIR registered by the Central Bureau of
Investigation in the Punjab & Haryana High Court and the
Hon’ble Supreme Court of India. Both the Courts had
dismissed the petitions filed by the Hon’ble Speaker of
the Punjab Vidhan Sabha. The Speaker of the Punjab
Vidhan Sabha has been charged Under Section 120(B) r/w
Section 468, 471 and 201 of the IPC r/w 13(1)(d) and
13(2) of the Prevention of Corruption Act. If the claim
of the investigating agency that they have found
evidence to substantiate the charges, it would be worth
recalling that the gentleman in question was also the
person who allowed the Punjab Vidhan Sabha to be
converted into a political wrestling mat and illegally
presided over the expulsion of the former Chief Minister
of Punjab Capt. Amrinder Singh from the Membership of
Punjab Vidhan Sabha. A constitution bench of the Hon’ble
Supreme Court has held that the action of the Punjab
Vidhan Sabha was illegal. The observations which were
made by the Court should have been enough to compel any
self respecting individual to resign immediately. The
Akalis, are, of course, devoid of any political
morality. But the Bhartiya Janata Party which on a
regular basis quantificates on morality in public life,
I would like to ask them why do they not tell their
coalition partner in Punjab – the Akali Dal – to
withdraw its nominee as the Speaker of the Punjab Vidhan
Sabh and if the Akali Das refuses to do that, would the
BJP snap their alliance with them. Are they prepared to
walk the talk on morality? Mr.Advani writes in his blog
that we should be a party with difference and this is
the difference which is being articulated on the ground.
It is perhaps for the first time that the sitting
Speaker of a Legislature has been charge-sheeted in an
alleged act of corruption. It has very serious
implications for the health of democracy and for the
health of parliamentary and legislative institutions. It
is untenable for such a man to preside over a
legislative body which reflects the will of the
sovereign. The Congress Party demand that the Speaker of
Punjab Vidhan Sabha should immediately step down from
his position. It is a travesty of Punjab that on one
hand the State has been drowned in the flood and on the
other hand the State Government is drowning in
corruption.
To a question with regard to the relief to the flood
affected people in Punjab & Haryana, Shri Tewari said
that there had been huge loss of crop in the recent
floods. The State Government is asking for assistance
from the Central Government. Without politicizing the
matter, Shri Tewari said that as on 30th June 2010 the
Government of Punjab has an amount to the tune of Rs.
2316.46 Crores with them under the Calamity Relief Fund
available to them. The Central instalment of Rs. 83.59
Crores was released before the flood occurred. The State
Government was supposed to contribute Rs. 27.87 Crores
and I do not know whether they have contributed but in
all they have Rs. 2316.46 Crores available with them.
They should spent this money and if at all there is more
assistance required, the Central Government has never
been found wanting. The same criteria applies to Haryana
also. Haryana Government has also an amount to the tune
of Rs. 1191.45 Crores is available with them under the
Calamity Relief Fund and after they have exhausted the
same amount, they can seek Central assistance.
To a question over the statement of Congress Party MP
criticizing their own Chief Minister in Andhra Pradesh,
Shri Tewari said I think insofar as assessment on
intra-party or intra organizational is concerned, that
judgment should be best left to us and as I have always
maintained that as far as intra-organizational matters
are concerned, the appropriate person to comment about
it is the General Secretary In-Charge of Andhra Pradesh
Mr. Veerappa Moily.
On the question of reaction of the Congress Party over
the statement of Nitin Gadkari, Shri Tewari said that we
have always maintained that the unparliamentary and
indecent language does not deserve to be commented upon.
There is a language of politics and if somebody violates
the same, then this reflects upon the class of the
organization which he belongs to.
On the question of the ban on Shivaji book in
Maharashtra, Shri Tewari said it would be far more
appropriate if the question is directed to Maharashtra
Government but we have always maintained that we do not
comment on judgments which are delivered by the Hon’ble
Supreme Court and the law of the land is very clear.
There is a provision in the Constitution of India that
it is the responsibility and duty of each and every
Government to implement in letter and spirit the
verdicts delivered by the Hon’ble Supreme Court.
Shri Tewari further said that it is also at the option
of the State Government to present their case before the
Hon’ble Supreme Court again. There are instrumentalities
available in the form of Review Petition. If the
Maharashtra Government has a certain view on a certain
judgment and if that view has a merit in it, they can
obviously have liberty to approach the Supreme Court
once again using the instrumentalities available to
articulate their view and to see if the Supreme Court
would like to adjudicate the same. Shri Tewari also said
that Article 19 while guaranteeing the freedom of speech
and expression also circumscribes that with reasonable
limitation, the law on that has been defined very
clearly. So if at all the State Government has a view on
it and there is a legal remedy available, which there is
in this particular case, they would obviously try to put
that argument before the Hon’ble Supreme Court and I
think they are well within their rights to do that.
On the question of the reaction of the Congress Party on
the attack on UP Minister, Shri Tewari said it is a
sensitive issue and we should wait for the outcome of
the report of the investigating agency and we will react
only after the investigation report is received. But one
thing is clear that the degree of lawlessness can be
gauged from the fact that a sitting Minister of the
Government has been attacked in the State. This incident
speaks for itself about the situation of law and order
in Uttar Pradesh.
On the question of revocation of the suspension of 4
MLAs suspended last year, Shri Tewari said that this
issue is related with Maharashtra, it is the prerogative
of the Speaker of the State Assembly to see whether the
suspension is to be revoked or not.
On the statement of Jat Maha Sabha to disrupt the
Commonwealth Games in Delhi if they are not given
reservation till 28th July 2010 and also the issue of
Karnataka Congress Party MLAs coming to Vidhan Sabha
wearing helmets, Shri Tewari said that in response to
your first question, reservation has been a contentious
issue and the State and even the country has been
divided on it. If somebody has legitimate grievance to
put forth, the Government in its wisdom is always
prepared to examine it but I would like to request the
Maha Sabha if at all they use the language which you are
attributing to them, then there is a need for everybody
to exercise restraint and caution. If at all they do
have a demand which needs to be looked at, the
Government in the past has always looked at the demand
and taken a decision on its merits. Shri Tewari further
said as far as Karnataka is concerned, if elected MLAs
are not safe, and they have to wear helmets to protect
themselves from an organized group which is bent upon
intimidating and terrorizing them. I think it is a very
telling story about the state of law and order in the
State of Karnataka.
On the question of situation in Kerala with regard to
coming up of linkages of terrorists, Shri Tewari said
that some of the matters are being investigated by NIA.
If at all there is something which is detrimental to the
interest and security of the nation, today there is law
and instrumentality available in order to address them
correctly. I do not think it would be appropriate to
comment on matters which may be in the stage of
investigation which may require sensitive handling.
Therefore, it is best left to the wisdom of the State
Government and if the State Government for some reason
decides not to act upon it, then instrumentalities are
available in the form of laws which have been passed by
the previous Parliament.
On the reaction of the Congress Party over the PDP not
participating in all-party peace meet, Shri Tewari said
that over the past 14 years with lot of efforts
democracy has been brought back; a lot of investment has
been made in bringing the people of J&K into the
national main stream. If at all there is a political
party which is wedded to the democratic process which
considers it to be the part of main stream, it is
incumbent upon them to rise above political differences
and ensure that separatist and anarchist elements are
isolated from the main stream of the society.
On the question of situation in J&K with regard to
calling of the Army and the statement of Shri
Saif-ud-din Soz, Shri Tewari said that para-military
forces or the military is only to aid the civil
administration in the discharge of their duties. Mr.
Saif-ud-din Soz has categorically pointed to this
constitutional position that the para- military forces
are there to help the civil administration and I do not
think there is any contradiction. Insofar as cracking
down on the use of certain web site is concerned,
obviously if there is a material which is considered by
the authorities to be seditious, if it is in
contravention of the Information Technology Act and the
other statutes which govern this domain, then obviously
they were well within their rights to take action upon
it.
Tom Vadakkan
Secretary, AICC
