The Government on Thursday ticked off the Supreme Court with its callous approach in dealing with the leakage of the Nira Radia tapes. Both the Income Tax Department and the Home Ministry faulted on providing crucial documents related to tapping of the former corporate lobbyist’s phones as sought by the court.
The court was peeved over the Government’s failure to provide original documents of the Home Secretary’s sanction for tapping and the precautionary guidelines issued to ensure that it was not leaked. ASG PP Malhotra cut a sorry figure as he informed the court that the files were not available with him. He requested the court to wait as he dispatched an officer to get the files.
“It is most unfortunate that Government of India’s counsel is not in a position to assist the court,” said a bench of Justices GS Singhvi and V Gopala Gowda. It posted the matter on Tuesday, clarifying the documents it required. These included not only the Home Secretary’s files but the minutes of all review committees held from time-to-time in 2008-09 in connection with tapping of Radia’s phone and mobile.
With virtually no effective assistance forthcoming from the Centre, the bench even remarked, “May God help us”. The Centre had replaced its team of law officers for the Home Ministry with a new lawyer, senior advocate lN Rao, who got a last minute intimation to appear in the case. He sought time to prepare his arguments but the bench dismissed his request, noting the frequency with which the Government had replaced lawyers in the case.
“Initially, the AG appeared, then ASG Harin Raval, ASG AS Chandiok and ASG PP Malhotra,” said the bench. Senior advocate Harish Salve, who appeared for former Tata Sons Chairman Ratan Tata, added to this list ASG Indira Jaising.