The Supreme Court on Friday directed the Centre to respond to an application filed by BJP leader Subramanian Swamy seeking access to portions of Niira Radia tapes that, he claimed, had bearings on the Jet-Etihad deal.
The bench headed by CJI P Sathasivam sought the response of the Income Tax Department which has the original transcripts of the tapes. Swamy pointed out that in separate proceedings the apex court had ordered CBI probe in matter arising out of Radia tapes, and many of these conversations related to bribery and corruption in Civil Aviation sector. Earlier, Swamy wrote to CBI seeking the copy of the transcript of Radia tape on civil aviation matters. The CBI refused to oblige him and
asked him to approach the Income Tax department, which had recorded the conversation. On SC order, the CBI has already registered a preliminary enquiry against Niira Radia and other lobbyists in the civil aviation sector. The Court also made it clear that it would quash the Jet-Etihad Airways deal if there are any irregularities in it. “If we are convinced then we would certainly set it aside,” the bench said while giving last opportunity to the Centre to file its response.
In his application, Swamy also demanded the Centre to place on record a memo sent by the PMO to the Corporate Affairs Ministry in which the PMO had allegedly raised serious reservations in respect of the growth of the Middle Eastern carriers including Etihad that could have a damaging effect on the Indian aviation sector.
Solicitor General Mohan Parasaran sought further four weeks’ time to file the response and also raised the plea of maintainability by saying that earlier, a similar petition, questioning the Air Asia deal, was not entertained by the apex court and Swamy was rather asked to move the Delhi High Court.
“We have already issued the notice in this case after finding prima facie merits,” the bench said and asked Centre to raise all objections in its response. Referring to the Radia tapes, Swamy, in his application, said the documents are important for the adjudication of the case and the apex court had already ordered the CBI probe in the alleged involvement of middleman in aviation sector which was revealed in conversation.