Investigation into Allegations against PM: A bench of the Supreme Court, comprising Justices Arun Mishra and Amitava Roy, rejected a plea for a court-monitored SIT probe into bribery allegations against Prime Minister Narendra Modi. The plea was made on the basis of documents seized during the raids in business houses, Sahara and Birla.
The present bench was constituted as Prashant Bhushan, lawyer for the Common Cause, had sought recusal of the then Chief Justice of India-designate, Justice J S Khehar, on the ground that his file for elevation for CJI was pending with the executive headed by the Prime Minister. The court rejected the plea observing that random materials like loose sheets, papers, email printouts are inadmissible materials having no evidentiary value to order registration of FIR. The bench further referred to the order passed by the Income Tax Settlement Commission in the Sahara group matter and said that the commission has also found prima facie that materials recovered from the group were not genuine but fabricated.
The bench apparently accepted the argument of Attorney General Mukul Rohatgi that no constitutional functionaries would be able to function if the court ordered filing of FIR and a probe into the bribery charges against the PM, made by ‘unscrupulous persons’. But who has prima facie found that entries were made by ‘unscrupulous persons’? Or is that a mere ipse dixit of the attorney general. The present order of the Supreme Court, which cannot be faulted, should be strictly confined to the facts of the particular case before it and not as laying down a general principle with regard to high constitutional functionaries who can certainly be investigated provided there is prima facie credible and cogent material. Always remember that no one, however high and mighty, is above the law. That is the cardinal tenet of the Rule of Law.
President Barack Obama’s Farewell Speech: One of the USA’s finest presidents, Barack Obama bade goodbye to Americans in an emotional farewell speech. He told his 20,000 supporters in Chicago to hold fast to their optimism and to look within for leadership. He added, “I am asking you to believe not in my ability to bring about change, but in yours. I am asking you to hold fast to that faith written into our founding documents.” He cautioned the Americans about the threats to democracy, saying “democracy can buckle when we give in to fear. So just as we, as citizens, must remain vigilant against external aggression, we must guard against a weakening of the values that make us who we are”. In ringing words, the outgoing president lamented that despite his historic election as the nation’s first black president in 2008, race remains a potent and often divisive force in American society. A touching part of his farewell speech was the tribute he paid to his wife Michelle for sacrificing her personal life for his political dreams. With misty eyes Obama said,
“Michelle—for the past 25 years, you’ve been not only my wife and mother of my children but my best friend. You took on a role you didn’t ask for and made it your own with grace and grit and style and good humour. You made the White House a place that belongs to everybody”. I also had misty eyes as I listened to Obama’s farewell speech.
Taj Mansingh Hotel: Those like me who have experienced exhilarating moments in the hotel Taj Mansingh in Delhi are happy that the Supreme Court has asked NDMC to review its decision to auction the property. The bench, comprising Justices Pinaki Chandra Ghose and Rohinton Nariman, observed that NDMC had not been fair in its approach towards Tata group-run Indian Hotels Company Ltd while deciding to auction the iconic Taj Mansingh hotel.
Surprisingly, NDMC in reaching its decision had not considered the opinions given by the attorney general and the solicitor general, who had suggested that NDMC should hold negotiations with the Tata group and had opined against putting the property under the hammer. The court, after hearing both sides, granted six weeks’ time to the civic body to take a fresh decision after considering the opinions given by the law officers. Let us hope for a happy outcome.
Soli J Sorabjee
Former Attorney-General of India
solisorabjee@gmail.com