Press Briefing Wednesday, 12 August 2009

Shri Manish Tewari addressed the media today.

On the question of action taken against two journalists on a sting operation, Shri Manish Tewari said that there are two different legal points before the Court of law involved in this case. The first one is what has been said by the Committee constituted by Rajya Sabha on this sting operation and the other one is what has been decided by the Hon'ble Supreme Court in BMW case. Shri Tewari further said that since the matter is subjudice in the Court of law, it would not be appropriate to offer any comment in this case.

To another related question over the reaction of the Congress party in light of the fact that even the Hon'ble Supreme Court has opined that sting operations are for the good of the general public and even the Privilege committee has appreciated the role of the journalists, Shri Manish Tewari said that since the charge sheet has already been filed, it has been the practice of the congress party not to offer any further comments when the matter is subjudice in the court of law.

On further question that fresh FIR has been filed in this case, Shri Tewari said that when the charge sheet has already been filed and the matter has come within the purview of the Court, it would be inappropriate to comment on it.

To another question of initiating proceedings against the journalists in the first place, Shri Tewari said that had you asked me this question before the charge sheet had been filed, he would have been possibly in a position to give a comprehensive reply about it but now since the events have overtaken us and we are already before a Court of law, Shri Tewari said the comments made by him earlier would suffice.

To a further question of sting operation, Shri Tewari said that as already said from this forum many a times, anything which furthers the cause of transparency in a democracy, the congress party fully supports that.

To a related question and reaction of the congress party on the fact that no action has been taken on the persons who were taking and giving bribe whereas action is being taken against the journalists who have dared it to highlight the same, Shri Tewari said that as already stated by him it would not be proper to offer further comments since the matter is already subjudice before a court of law and it would be in the fitness of things if further statement is made before the Court of law only.

To another question that the congress party had raised hue and cry when 'Tehelka' happened during the NDA rule and now the congress party is not offering any comment, Shri Tewari further said that since he himself was Tehelka's counsel before the Venkatswamy commission, he has very intimate knowledge of exactly what transpired.. Shri Tewari further said that in this particular instance since the events have overtaken us and now since the matter is subjudice, whatever should be said by any side should actually be said now before the Court of law. It has been the policy of the congress party not to offer any comment on matters which are subjudiced.

On the question of Hon'ble Apex Court expressing its concern over the rising prices, Shri Tewari said that since there has been weak monsoon this season, drought like situation has come up in 161 districts. The government is awakened to the problem. Even the Hon'ble PM is himself keeping a close watch on the situation and necessary guidelines have been issued to the State governments. Yesterday there was a comprehensive statement from the Finance Minister on the issue that government is fully equipped to deal with the situation. We do admit that this is sensitive issue and all possible steps should be taken by the State governments and also the central government to deal with this situation.

On the accusations of the CPM on the partial behaviour of the Governor of West Bengal, Shri Tewari said that this is not the first time the CPM is making such accusations. It would have been more appropriate if the CPM respects their constitutional obligations and honour the functionaries holding the constitutional posts.

On another question of issuing of notice to BSP over the election symbol and BSP not offering any explanation, Shri Tewari said that since the notice was issued by the Election Commission, it would, therefore, be appropriate if this question is put to the Election Commission that why the BSP has not replied within the time schedule. Shri Tewari further said that it will not be appropriate for anybody else to comment on this issue since the Election Commission is a constitutional body. If the BSP has not replied, it is within the jurisdiction of the Commission to deal with the concerned party.

On the question of the congress party keeping quiet on the issue of Veer Bhadra Singh's corruption case and registration of FIR against him, does it mean that the congress party has given a clean chit to him despite the fact that the CD was verified by the CFSL, Shri Tewari said that it is very interesting if you go into the facts of the case that at that point in time when this purported conversation had taken place, CDs were not in existence. CDs actually were a much later invention.

Shri Tewari further said that this conversation actually dates back to the period between 1985 and 1989 which was the second term of Mr. Veer Bhadra Singh as Chief Minister. Secondly, there are contradictory reports that an earlier CFSL test was carried out on this alleged CD which came up with a totally different conclusion altogether. It is also strange that CD always surfaces when there is an election about to take place in Himachal Pradesh.

On a further related question whether it is not childish to offer such comment that at that point in time the CDs were not in existence, Shri Tewari said if one goes deep into the details of this case, it was never said that this recording was on a tape and later on transferred to a CD. This explanation has come up only when it was pointed out. Secondly and more interestingly this complaint has been lodged by a person who himself has been convicted by the Court of law in many corruption cases.

Shri Tewari further said that he is not commenting on the working of the CFSL and also the merits of the case. He is only pointing out the fact that the CD is purportedly supposed to have recorded the transfer of the conversation and secondly the coincidental timing that it always seems to surface whenever election is being held.

On further question whether Veer Bhadra Singh should continue as a Minister, Shri Tewari said that there were large number of Ministers in the erstwhile NDA government who were actually facing charge sheets on far more serious charges and in this particular matter, the entire sequence of events is only inconsistent that the conclusive case which is being tried to be made out actually does not exist. Shri Tewari further said that he has pointed to the inherit inconsistency in this entire sequence and the media was free to draw their own conclusion.

On the question of reaction of the congress party on Buta Singh's case, Shri Tewari said insofar as Buta Singh's case is concerned, it is before the CBI, let the court take its own course.

On the question of a statement of a Chinese strategist that India can be divided into 20 pieces, Shri Tewari said that it is the opinion of an individual who possibly, because of the manner in which Chinese think tank is structured insists on using the surrogate needs and secondly balkanisation of India was a very favourite subject with a lot of western strategic thinkers through the 1950s, 60s and 70s but as India democracy stabilized, it was consigned to dust bin and in this particular instance also, it is the hallucinations of an individual. India is very confident inclusive democracy and he does not think that we should even be taking note of such hallucinations.

On the question of a Member of the National Security Advisory Board Mr. Goel going on record to say that India faces threat from China, Shri Tewari said that this is the opinion of an individual member. Insofar as government of India, they have made their position clear where it was said that we believe in concreting the relations with China and as far as territorial integrity is concerned, they have received assurances from the highest levels of the Chinese delegation and we subscribe to that.

Shri Tewari further said in this regard that as a confident democracy which has occupied its rightful place among the community of nations and he was talking about participation of forums like G-8 and G-20, he does not think that we should get paranoid about the opinion of an individual. There is too much of a hype which is sought to be created. It is not the opinion of the Chinese government. The government of India has already rebutted it. Shri Tewari added that he does not think it serves the cause of a democratic State, serves the cause of a resurgent India to be taking such serious note of such hallucinations of individuals which actually belong to a yester year and have been disapproved by the mass of India over the decade.
 

(Tom Vadakkan)

Secretary, AICC