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Kejri firefights over tampering row

Rajesh Kumar

Indicted for tampering with evidence in a case, Bharti termed court’s observation ‘erroneous’

Facing flak over his being indicted by a city court for ‘tampering’ with evidence in a case in which he had appeared as a lawyer, Delhi law Minister Somnath Bharti on Tuesday termed the court’s observation ‘erroneous’.

As the Opposition BJP and the Congress pressed for his removal following the development, Delhi Chief Minister Arvind Kejriwal put up a stout defence, saying the court was “wrong” in the matter, while giving a clean chit to his Cabinet colleague.

Bharti was embroiled in the controversy earlier too when he, after becoming law Minister in the Arvind Kejriwal Cabinet, tried to direct the law Secretary to convene a meeting with judges at his office.

The court’s observation had come in August 2013 after he challenged a lower court order through his petitioner. Kejriwal claimed Bharti had, in fact, conducted a sting operation to nail the lie.

This statement made by the Chief Minister is totally in contrast to his previous stand, as he had earlier refused to take cognizance of a sting operation carried out against AAP leaders during Assembly elections in November last year.

Justifying his act, Bharti on Tuesday said: “It was erroneous on the part of the judge to call it tampering of evidence,” adding that he was instead “strengthening evidence” for the case. 

“What is prohibited is intimidation. Conversation is not prohibited,” he said. Kejriwal further said they want the media to show the recording to the nation.“You decide what evidence has been tampered with after listening to the recording. We respect the court, but in this matter the court is wrong...The judge called the sting operation tampering of evidence. This is not tampering of evidence,” Kejriwal said.

While denying charges, the law Minister said, “We made an audio CD to expose those making false claims in the Rs 116 crore case, but the court refused to go into the details of the tapes. I don’t see this as tampering of evidence. The CBI should catch the real culprits,” he told reporters on Tuesday in a press conference. But he evaded questions on whether, as a defence counsel, it was unethical for him to contact a prosecution witness. Bharti also refused to resign in the matter.

Bharti said that the report “indicting me for tampering with evidence is an absolute lie”.   “And I don’t understand what was the urgency for media to go ahead without cross verifying the facts with me as this news pertains to August 2013,” Bharti said.

However, the Opposition trained its guns on the ruling party leaders. leader of the Opposition in Delhi Assembly and senior BJP leader Dr Harsh Vardhan criticised Kejriwal. “Even the judge has observed this. In such a situation, I think the people of Delhi demand Somnath Bharti’s resignation and if Delhi Chief Minister Arvind Kejriwal talks about ethics, then he should sack his minister,” he said.

lambasting the law Minister, Delhi Congress president Arvinder Singh lovely also condemned Kejriwal in trying to save their skins from the court observation. “This is the first time that the law Minister who is protector of law has put a question mark over the court’s observation, saying it “erroneous’. lovely said law protector has become a law breaker himself. “A party that came to power on the basis of morality should question its own conscience. Are you such a big man that when there is a sting operation against you, then it is incorrect. If a court gives any verdict, then you raise question over that verdict. What you do is right and what others do is wrongIJ They should ask their conscience if they have one, what they are doing is just or not...Today the people of Delhi want to know whether is this ethical,” said lovely.