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Govt denies SC stricture against PM

By The Assam Tribune

NEW DELHI, Nov 18 � Government today asserted that the Supreme Court has passed �no stricture� against the Prime Minister or the PMO in connection with the 2G spectrum issue and would file an affidavit before it tomorrow, reports PTI.

It also rejected suggestions that the law officers have failed to properly present its side in the spectrum case in the apex court.

�Nothing has gone wrong in the court...I know the Supreme Court more than you do,� Law Minister M Veerappa Moily told reporters outside Parliament.

Accusing media of creating a hype on the issue, the Minister rejected suggestions that the law officers had �goofed up�.

Moily�s statement came in the backdrop of the Supreme Court on Tuesday questioning the delay by the PMO in deciding on sanction for prosecution of former Telecom Minister A Raja. The court had questioned the �alleged inaction and silence� of the sanctioning authority.

Solicitor General Gopal Subramanium, leading the government�s team in the 2G spectrum case, said that the Supreme Court has passed �no stricture� against the PM or the PMO and an affidavit would be filed in the apex court tomorrow.

�There is no stricture from the Supreme Court at all. If judges cannot ask questions, then who will ask the questions. We know how to deal with questions and we will answer them,� Subramanium said.

�Whatever was said (in the court) was part of a debate which takes place when a matter is adjudicated,� the SG told PTI.

To a question on the SC direction asking the government to file an affidavit, he said it would be filed tomorrow.

Earlier in the day, the Supreme Court had granted time to the Centre to file the affidavit after Subramanium said that he is in a position to place before it the entire record on the issue.

The court was hearing a petition filed by Janta Party President Subramanium Swamy seeking a direction to Prime Minister Manmohan Singh for grant of sanction to prosecute Raja who resigned as Telecom Minister on Sunday in connection with the scam.

Maintaining that the obvservations made by the Bench on the alleged delay by the PMO had no reflection on the Prime Minister, Subramanium told reporters after the hearing, �Questioning is part of the judicial proceedings and it cannot be said that the observations were on any individual.

�The government will reply and as the section of the government which deals with it is PMO, so somebody authorised from that office will file the affidavit,� he said, referring to the Bench order today to file a detailed affidavit on the issue of delay by the PMO.

Subramanium pointed out that the court order seeking an affidavit on the issue was aimed at ensuring probity in the government and was part of the judicial proceeding.

�Purpose of the affidavit is to set out all the facts in relation to how each communication of Subramanium Swamy was dealt with. It is a part of the judicial proceedings and its transparent functioning,� Subramanium said.

Exuding confidence that the government will set its record straight in its affidavit to be submitted to the court by Saturday, Subramanium said, �We are a responsible government and I am a senior law officer of the government. We will file our affidavit.�

He also said that media should accurately report the judicial proceedings without distorting facts.

Swamy, on the other hand, contended that Prime Minister Singh did not reply substantially to any of his letters.

�I have written five letters to the Prime Minister and each time, I have sent the letters to him with additional documents. I only know that A Raja wrote to me a letter saying that the PM has forwarded my petition seeking sanction to prosecute him (Raja) to him,� Swamy told reporters after the hearing.

He said that it was illegal that the PM forwarded his petition to Raja, who was the accused in his petition.

�It is totally illegal. The PM cannot send the petition to a person who is an accused in the said petition. PM had only to decide whether to allow me to go to the court (for prosecution of Raja),� he added.

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