Press Briefing
Thursday, 11th August 2011
Shri Manish Tewari addressed the media today.
Shri Manish Tewari said day before yesterday we
had briefed with regard to some very serious
allegations which have been leveled in a
petition which has been filed by Indian Police
Service Officer of the Gujarat cadre in the
Hon’ble Supreme Court. As the briefing on
Tuesday coincided with the debate in the house,
many of you were not present. So I thought I
would just recap the salient and very disturbing
allegations which have been made in that special
leave petition.
If one goes through the contents of that
petition, it is indeed a chilling story of
obstruction of justice. Broadly there are three
sets of allegations which are in the petition.
The first is as to how the entire administrative
machinery of the State of Gujarat including
their Law Officers have been colluding to
subvert the process of justice and this includes
some various serious cases like the Gulbarg
Society case, the arrest of the former Minister
of State of Home in Gujarat Mr. Amit Shah, the
Shohrabuddin case, the Ishrat Jahan case. The
second set of allegations pertain to how reports
of the Special Investigating Team constituted by
the Hon’ble Supreme Court and which were shared
with the Gujarat government on the orders of the
Apex Court were further illegally given to the
accused to help them with their defence
strategy. The third set of allegations pertain
as to how a RSS functionary Mr. Gurumurthy has
been given the responsibility of micro-managing
the political aspect of the ‘Save Narendra Modi’
campaign and it would be pertinent to note that
in the light of these revelations, the so-called
report of the Task force of the black money
needs to be seen in this context and the reason
why I am saying this is because the
gratis-persona who are engaged in the defence of
the Gujarat Chief Minister and the accused in
the Gujarat massacre are more or less the same
who are responsible for drafting the so-called
report on black money. The fourth set of
allegations is even far more serious. It
pertains to an alleged attempt which may have
been made to try and reach to the head of the
SIT who has been appointed on the instructions
of the Hon’ble Supreme Court or who has been
appointed by the Apex Court that would be put
better. So you have Mr. Sanjeev Bhatt who has
been suspended and now today the reports suggest
that Mr. Rahul Sharma, an IPS officer who had
told the Nanavati Commission that the entire
telephonic record of these critical dates when
the Gujarat massacre was at its peak were
destroyed. That officer too has been
charge-sheeted. It does not require any rocket
science to figure out as to why this has
happened because the fires are now finally
reaching the door of the Chief Minister. If you
look at the entire story of miscarriage of
justice over the last nine years, it turns on an
essential fact and that essential fact is who
gave the orders to the Gujarat Police not to act
when the blood thirsty horns of the RSS, Bajrang
Dal, Vishwa Hindu Parishad combine took to the
streets and allegedly massacred the innocent
citizens and now those officers whose
consciences have finally stirred who have
decided to turn whistleblowers are standing up
to speak. They are sought to be silenced by
intimidation and coercion. So once again we
demand that all Gujarat massacre related cases
should immediately be transferred out of the
Gujarat state insofar as their investigation and
prosecution is concerned. Both the government of
India and the Hon’ble Supreme Court must protect
those officers who are willing to stand up and
tell the truth of those horrendous deeds and see
even from an Executive point of view, it needs
to be explored whether obstruction of justice,
subversion of the process of law constitutes a
subversion of the constitution of India.
On a question that keeping in view the
subversion of the constitution of India, why
does the Congress party not demand the
President’s rule in Gujarat, Shri Tewari said I
think that is trying to axe finer point with the
blunt instrument. The reason is that we are not
interested in victimizing ‘A’ or ‘B’. We are
interested with the truth with regard to the
Gujarat massacre needs to come out and
therefore, those who are obstructing the ends of
justice, are they subverting the constitution of
India, is a very serious issue which needs to be
examined in great detail. For the last nine
years, experience has shown that a matter
investigated in Gujarat leads to a closure
report. In the same matter investigated by CBI
and prosecuted outside Gujarat it leads to
conviction. So, therefore, the truth is
apparent. It is for everybody to see that you
have a government, which by virtue of being a
government, is completely involved in trying to
ensure that the truth is buried and that is why
it is a matter which requires serious
examination and is not just in the realm of
political rhetoric.
To another question as to the medical bulletin
on the health of the Congress President, Shri
Tewari said I will flag that for the attention
of the Chairperson of the Media Department and
as and when there is something to share with
you, we will definitely get back to you.
On the question of the reaction of the Congress
party over the meeting of Anna Hazare with
regard to the Lokpal Bill and also on the survey
got done by him in Amethi, Shri Tewari said that
as far as his survey is concerned, he has
already replied on the same when he said if he
has so much faith on himself, let him contest
the election first Chandni Chowk and then think
about Amethi. Shri Anna Hazare and his team had
appeared before the Standing Committee attached
to the Ministry of Law & Justice and every
Member present in the committee advised him to
work in close cooperation with the Parliament
and the government of India. The threat of ‘My
Way or the Highway’ is not the right course of
action for anyone. We hope good sense will
prevail on them and they will take a right
decision.
To another question on the reaction of the
Congress party over the decision of the
President of India confirming the death sentence
of the assassinators of late Shri Rajiv Gandhi,
Shri Tewari said as we have always maintained
and we continue to maintain that mercy petitions
are subject to extensive scrutiny by the
executive after the judicial process is over. To
really see as to whether there is any merit
which would be worth considering and after that
the President of India, under the relevant
constitutional article, has a right to take a
call on it and after intensive scrutiny and a
decision being taken, it would be completely
inappropriate for anybody to be commenting on
it. These are the matters which are dealt with
more seriously and should not dissent to the
level of becoming political footballs.
Shri Tewari further added it is absolutely
within the rights of an individual or a
political party to have a view on a judgment.
Therefore, if at that particular point in time,
the Congress party had expressed view on the
judgment, it was well within its rights to do
so. I was making a generic point with regard to
the process by which death penalties are either
affirmed or are rejected. So therefore, once a
process has played itself out, we should respect
the sanctity of the process.
(Tom Vadakkan)
Secretary, AICC
