Press Briefing Thursday, 15th December 2011

Shri Manish Tewari addressed the media today.

On the question of reaction of the Congress party for not introducing Food Security Bill, Shri Manish Tewari said we do not comment on the speculative reports published in the newspapers. As far as Food Security Bill is concerned, the Congress party feels that we should bring a Bill which serves every needy person in India. Every possible step in this regard should be taken by the government.

To a question over the stand of the Congress party in particular case represented by Shri Chidambaram of withdrawal of FIR after the charge-sheet has been filed, Shri Tewari said we do not want to add or delete to what has been said by the Home Ministry in this respect and the reason why I am saying this is because anybody who has acquaintance with the legal profession is aware of the fact that senior counsels are usually briefed by the Solicitors or the briefing Counsels. Very rarely are they briefed directly by the clients. So, therefore, this apparent conflict of interest which is being made out is like raising a ghost and then slaying it and then calling yourself a superman. As I earlier said I am not going into the merits of the matter since the Home Ministry has already given a very elaborate rejoinder to whatever questions have been raised. I was only acquainting you with the practice in the legal profession and also about the fact that at times a conflict of interest or the issue of conflict of interest is created for the sake of creating an issue.

To another question whether there are any legal complications in the case, Shri Tewari said, as I understand it, the Home Ministry does not have the powers to withdraw the case. The powers to withdraw the case rest with the Government of Delhi. It really rests with the Lt. Governor who, if my understanding is correct, is advised by a Standing Committee in this particular regard. So, if at all any representation is made to the Home Ministry, it can act as a clearing house for that representation, it can send it to the Government of Delhi which then eventually is to scrutinize the matter on its merits and take appropriate action and then that also does not end the matter. There is a settled law as far as Section 321 of the Criminal Procedure Code is concerned that even if the Government so desires that any matter be withdrawn just because the government or the prosecution files an application, it does not mean that the matter immediately gets withdrawn. The concerned Magistrate or Judge has to apply his judicial mind and then come to a reasoned conclusion that the application of the government merits consideration and therefore, it needs to be withdrawn and the reason I have outlined this legal position is primarily to acquaint you with the process and this is without prejudice to the facts of a particular matter or not.

On the question of the reaction of the Congress party over the statement of Anna Hazare that if the Lokpal Bill is not passed in this winter session, he will go on fast once again from 27th, Shri Tewari said he has only one agenda that there should be a strong Lokpal Bill. The government has taken a lead in constituting the Standing Committee for the purpose who has submitted its report before the Rajya Sabha.

Shri Tewari also added that the government has taken the initiative and has convened a meeting of all political parties. Different points of view have been articulated and an attempt has been made to reconcile and harmonize those views. Some of the institutions which had appeared before the Standing Committee also have a point of view which merits consideration. The government is trying its best to see as to how this can be harmonized and reconciled. Unanimity can be evolved, consensus can be built and we can go ahead. We can only advise them to have patience. We feel that never in the past decade, any Bill has been taken so seriously and Lokpal is the only Bill which has been introduced in the shortest possible time. We are not appealing to him not to go on fast; we are only advising him to have patience. The way it has been taken up by the government is demonstrative of the fact that the government as well as all political parties is sensitive on the issue. It would be appropriate if they pay heed to our advice to be patient. Shri Tewari also added that at times it is better that certain questions are left to time and it is more appropriate to take a historical view which can only come about after a reasonable passage of time. What looks good at a certain point of time may not look all that good with the passage of time.

On the question of the reaction of the Congress party on the assault on a teacher in Punjab which had appeared in the press also, Shri Tewari said we empathize with the teacher and we had condemned the incident when it had taken place but insofar as the advertisement by the Punjab PCC is concerned, I think it needs to be seen in a wider perspective and the perspective is it is symptomatic of the total breakdown of the law and order in Punjab. It is symptomatic of the high-handedness which has characterized the Akali Dal-BJP rule in Punjab over the last 5 years. It is symptomatic of the harassment, torture and brutality which the Congress workers and other political forces which have opposed the Akali Dal rule have had to endure. So, I don’t think there is any reason for any anybody to get sensitive about a particular photograph being published. I think, what is important is the larger context of the total breakdown of governance in Punjab which the people have had to endure over the last 5 years. I say this without prejudice to the fact that we have complete and full sympathy with the lady in question. I don’t think any responsible society and especially a society like Punjab would condone the kind of action which the workers of the Akali Dal have taken and as I have earlier said that this is something which has been going on in Punjab for the last 5 years. It is only now that because elections are approaching that it has come on the radar of the national press.




(Tom Vadakkan)
Secretary, AICC