The Hindu : Panel draft report `almost' ready

Online edition of India's National Newspaper
Tuesday, Nov 26, 2002

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Panel draft report `almost' ready

By Our Legal Correspondent

NEW DELHI NOV. 25. The retired Supreme Court judge, Justice K. Venkataswami, said today that he had resigned keeping in mind the dignity and high traditions of judicial office held by him to ensure that nothing less than the highest standards of justice and objectivity were seen to be maintained. He described as "unfortunate" the controversy that had surrounded his second appointment and said he had "no option" but to quit.

Mr. Venkataswami said the "draft" report concerning past defence transactions was almost ready. He wanted to finalise it after hearing the Attorney-General, Soli Sorabjee, on certain aspects. Had one more extension been granted to the Commission, he could have completed the probe and submitted the report.

Just at the stage when the Centre was asked to clearly define its stand in respect of its allegations of financial conspiracy levelled against certain persons, including the Tehelka portal, a controversy was sought to be raised about the second appointment to a quasi-judicial body.

Explaining the progress of the Commission's work, he said he had held 181 sittings, examined 50 witnesses and passed 720 interim orders and nobody had complained about the functioning of the commission. He recalled the submission made by senior counsel for Tehelka portal, Shanthi Bhushan, on November 18 that the "commission had been proceeding in an admirable way". He said 961 pages of depositions had been recorded regarding 15 past defence transactions and 3,114 pages in respect of deposition of other witnesses.

`No conflict of interest'

Asked whether his name was the only one recommended or was there a panel of names, Mr. Venkataswami said, "the CJI recommended only one name and no panel was given to the Government". He, however, maintained that there was no conflict of interest between the two posts as this was not the first time that a Judge was holding more than one office.

Asked whether the Government had "influenced him" by offering him the second post, he said "do you think that a retired judge will be subject to influence". When it was pointed out to him that there was a perception among many that the Government had shown him patronage, he said "that perception is not true and correct".

He also made it clear that there was no offer from the Government and only the CJI personally requested to him accept the post in January this year and the Government only issued the appointment order. To a question whether he would reconsider his resignation if the Congress asked him to do so, he said, "not at all".

When it was suggested to him that he could have resigned the second post and continued with the Tehelka probe, he said, "it will not proper to do so".

Mr. Venkataswami said he did not think that the new incumbent could begin the inquiry again from the scratch but it was for the new appointee to evolve his own procedure how to proceed with the enquiry.

Jaya Jaitly's pat

In her letter to Mr. Venkataswami, the former Samata Party president, Jaya Jaitly, regretted that the Opposition had chosen to denigrate the judiciary and bring to a halt work that had taken considerable time and effort over the past 20 months.

She said, "even though I have often felt that the Commission was not sympathetic to my genuine and just requests, especially for forensic examination of tapes, fresh transcribing of transcripts and order of witnesses, I have always respected your intention to be fair and get to the truth".

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