Ranjit Sinha asked to reply to allegations by September 15
Unimpressed by CBI Director Ranjit Sinha’s claim that the controversy surrounding visits made by accused in the 2G and coal allocation scams to his residence had the potential to derail the 2G case trial, the Supreme Court on Monday directed Sinha to respond to the charges in a sealed cover by next Monday. The apex bench of Justices Hl Dattu and SA Bobde termed the charges as “serious” and refused to be carried away by the counter-attack launched by Sinha.
“We will direct you (Sinha) to file reply because averments (in the application) are very serious, “ the Bench said. Represented by senior advocate Vikas Singh, Sinha raised preliminary objections to the application moved by advocate Prashant Bhushan seeking his removal from the 2G scam investigation.
The Bench said, “This court is monitoring investigations (in 2G case) and it expects the trial to be fair. You (Sinha) must be prepared for adverse inferences also.” On the other hand, Singh contended that he was not going to divulge on merits as it might affect the ongoing trial.”
The court said that the trial could wait for a week or so, but its main concern was to ensure a fair trial.
“We are in a hurry to complete the trial and to ensure it is a fair trial. If a party approached us asking how can there be a fair trial in the given circumstances, we need to respond,” the court said, while directing the CBI chief to file separate affidavits — one raising preliminary objections and another on merits, the latter to be filed in sealed cover.
Bhushan asked the court to restrain Sinha from passing any orders on the files that could have a “devastating effect” on the trial. He informed that on Sunday night some unidentified persons visited him to hand over the original entry register fearing it could be destroyed.
“If we come to a conclusion as per your application can we not say that the noting has no effect being of a later date,” the court said. However, it directed the original entry/guest register to be deposited in a sealed cover with the Secretary General.
Along with it, the court even took on record a list of 23 people employed at CBI chief residence, besides the names of four CBI constables on guard duty. CBI Director’s counsel, having taken objection against allegations levelled against him by Bhushan, requested the court that the “whistleblower”who supplied a copy of the entry register should be disclosed to the Court in a sealed cover. The bench said the stage for knowing the source of information had not arrived.
Senior lawyer Ram Jethmalani appearing for one of the 2G accused Reliance Telecom objected to monitoring by Court once the chargesheet was filed in the trial court. But the Court felt that this submission was knocked down earlier by the Court. Jethmalani heaped praise on CBI Director and recommended Bharat Ratna for him in honour of a draft affidavit he prepared giving clean chit to Reliance. The then Special Public Prosecutor UU lalit had struck down the draft and rebuked the agency for attempting any move to scuttle the trial.
Meanwhile, the CBI Director claimed that there are inconsistencies in the visitor’s register of his official residence that has been made the basis for a petition in the apex court for his removal from the post.
On being asked to react on the scathing remarks by the SC on plea filed by an NGO for setting up of a SIT to investigate allegations against him, Sinha said, “There are a lot of inconsistencies in the (visitor’s) dairy… I do not have to say much, I will apprise the Supreme Court through an affidavit.” Sinha, however, did not elaborate on the inconsistencies.
Official sources said there are entries in the register even when the CBI Director was on official visit abroad. They cited the example of his visit to Vatican in April this year. He was on official visit from April 8 to 13 and the names of six controversial visitors including dubious meat exporter Moin Qureshi figure in the visitor’s register purportedly maintained at his official 2 Janpath residence here.