Government asked to answer queries on transfer by August 26

NEW DELHI, Aug 18 (PTI) — Describing it as "very very distressing", the Supreme Court today made the transfer of Enforcement Director M.K. Bezbaruah subject to further orders after the Union of India gave an assurance that cases being handled by him would not be closed.

A three-judge Bench headed by Justice S.P. Bharucha, while hearing the over Rs 1,000-crore Indian Bank scam case, made it clear that even if the transfer of Mr Bezbaruah took effect on or before September 8, the next date of hearing, "it shall be subject to further orders of this court".

The Bench said "we are extremely bothered by this" and directed the government to file an affidavit, stating the factual position on the transfer on or before August 26.

The court recorded Solicitor-General Santosh N. Hegde’s statement that "no cases which were/are investigated, supervised by Mr Bezbaruah shall be closed/conceded until the next date of hearing."

Amicus curiae Anil Divan, while addressing the court in the Indian Bank scam case filed by Janata Party president Dr Subramanian Swamy, said Mr Bezbaruah, as head of the ED, was directly and personally monitoring and supervising several sensitive cases relating to high-profile individuals involving powerful persons, including business men and politicians.

Mr Divan said "These cases include those arising out of the Jain hawala case, alleged violations of FERA by Mr Chandraswami and Mr Ashok Jain and other powerful individuals."

He said Mr Bezbaruah was suddenly transferred and appointed Transport Commissioner in the Delhi Government in contravention of the apex court directive in the Jain hawala case to protect investigating officers from the influence of the executive, politicians and other extraneous forces.

Mr Divan lamented the government’s inaction in implementing directions of the court in the hawala case and said "in the meanwhile honest and fearless officers are not protected and the abuses, inactivity and transfers, which caused subversion of the rule of Law, are being continued."

"Why is he transferred at this stage and what is it that he was transferred without a successor", the Bench asked the Solicitor-General.

Mr Hegde said he would place answers to these queries before the court in an affidavit before August 26.

Earlier, in the bank scam case, the Bench recorded the statement of the Solicitor-General that "no case with which the writ petition filed by Mr Swamy is concerned be closed without further orders till the next date of hearing."

Mr Divan had expressed his apprehension that the government might close some of the cases relating to Indian Bank scam case.

No letter from PM yet: Jaya

CHENNAI, Aug 18 (PTI) — The AIADMK supremo, Ms Jayalalitha today ducked the issue of substantiating the bribery charge in transfer of Enforcement Director M.K. Bezbaruah, pleading non-receipt of a letter on the subject from the Prime Minister’s Office, but sought to throw the ball back into the PM’s court by endorsing an Opposition demand for a CBI probe into the matter.

Terming as "strange and funny" the non-receipt of the letter written on behalf of Prime Minister A.B. Vajpayee by his Principal Secretary Brajesh Mishra, Ms Jayalalitha in a statement also charged the Prime Minister’s Office with having leaked the contents of her letter to Mr Vajpayee on the subject.

She said she had not released copies of her letter to the Press along with a statement she had been "compelled" to issue after being blamed for the transfer of Mr Bezbaruah.

Since the contents of her letter, reportedly alleging a hefty bribe to persons close to Mr Vajpayee for the transfer of Mr Bezbaruah, had been widely published in the media, "it must have been given to the Press only from the PM’s office," she claimed.

Ms Jayalalitha also said since there was a "nationwide demand" from practically all Opposition parties for a CBI probe into the "abrupt" transfer of Mr Bezbaruah, the Prime Minister should order such a probe so that the "entire truth is laid open".

Janata Party president Subramanian Swamy today demanded a joint parliamentary committee probe with CBI assistance regarding the transfer of Mr Bezbaruah as well as the role a media baron.

In a statement, he described as "ridiculous" and "stupid" for the Prime Minister’s Principal Secretary to write to the AIADMK-led front leader Jayalalitha and ask her to "substantiate" her allegation.

He said such a demand was against all canons of criminal jurisprudence of any democratic country.

Mr Swamy said since Ms Jayalalitha was not in public office, the most she as a responsible public leader could do was to dutifully inform the government, which she did by her letter to the Prime Minister.

It was now for the government to explain why Mr Bezbaruah was transferred, he added.

A report from Patna said RJD president Laloo Prasad Yadav has also demanded a joint parliamentary committee (JPC) to probe the charges levelled by Ms Jayalalitha against "people close to the Prime Minister" in the recent bureaucratic reshuffle.

"The charges levelled by the AIADMK leader are extremely serious in nature and warrant an impartial and in-depth inquiry which the JPC alone can conduct," Mr Yadav said.

He said Ms Jayalalitha had already made it clear that she had never exerted pressure on the government for transferring Revenue Secretary N.K. Singh and the chief of the Enforcement Directorate.

Even Personnel Minister R. Janarthanan, an AIADMK leader, was not consulted on the matter, Mr Laloo said.

"Now, it is the turn of the Prime Minister and his office to come clean," he said.

Snap poll if govt falls, says BJP
Tribune News Service

NEW DELHI, Aug 18 — If the Vajpayee government falls, the country will head for another mid-term poll, Mr Pramod Mahajan, BJP spokesman, said here today.

Talking informally to mediapersons at his residence, Mr Mahajan, who is likely to be inducted into the Union Cabinet shortly, said though the country was not ready for another election there would be no alternative in case the BJP-led government was brought down.

Referring to the AIADMK general secretary, Ms Jayalalitha's demand for an inquiry into the charge that bribe was paid to persons close to the Prime Minister for the recent bureaucratic transfers, he said the government would consider a probe in case prima facie evidence was forthcoming.

"I sincerely hope that Ms Jayalalitha will not join the list of irresponsible politicians who make wild allegations and then run away when the time comes to give concrete evidence", Mr Mahajan said.

On the issue of transfers, he said while the present government had transferred 12 officials in the first five months of its existence, previous governments had transferred many more.