Sibal under fire from SC, PAC; says no disrespect meant

Agencies

New Delhi, 22 January 2011: Telecom Minister Kapil Sibal on Friday came under attack from the Supreme Court and a Parliamentary Committee for rubbishing the CAG report on 2G scam, with both questioning whether his comments were responsible and as per the constitutional propriety.

Responding to criticism, Sibal said "canards" had to be replied to but maintained he meant no disrespect to any institution.

 
The Supreme Court, while hearing the 2G spectrum case, rapped Sibal for undermining the CAG report.

"It is unfortunate. The minister should behave with some sense of responsibility," a bench comprising Justices G S Singhvi and A K Ganguly said.

"In our opinion, the CBI which is conducting investigation into the 2G scam is expected to carry out the probe without being influenced by the statement made by anybody, anywhere, including the press," the bench said.

Chairman of Parliament’s Public Accounts Committee (PAC) Murli Manohar Joshi also took strong objection to Sibal’s remarks against the CAG report and requested Lok Sabha Speaker Meira Kumar to take "prompt" and "effective" steps to stop such "constitutional impropriety" by ministers.

Sibal had rubbished the CAG findings in 2G spectrum allocation that the loss to the exchequer was to the tune of Rs 1.76 lakh crore, saying these were "utterly erroneous".

Joshi questioned whether it was appropriate for Sibal who is holding the charge of the ministry concerned, to cast aspersions on CAG report after it was tabled in Parliament.

In the letter to Kumar, Joshi asked whether Sibal had expressed "such views of far-reaching implications and consequences with the knowledge and permission" of Prime Minister Manmohan Singh.

"As Speaker of the Lok Sabha, you are the only authority to whom the Committee (PAC) can approach for seeking clarification from the minister on the above issues and advise the Committee," Joshi wrote in the two-page letter dated January 19 copies of which were distributed to the media.

Reacting to the attack, Sibal said, "I wish to clarify that the kind of canards that was being spread on the basis of that (CAG) report needed to be responded to and there was no avenue left to the government."

He said that he could say with "some level of confidence" that he had "never ever willfully or otherwise tried to bring down the authority and the respect which all institutions deserve".

"I have always, however, also believed that there are times when we need to state, what we believe, is the truth. It is in that spirit that I have placed the fact before the public domain and I hope that no institution or authority believes that I did it with any motive or malafide intent," he said.

 
At the same time, he welcomed SC’s "order that no MP or any other person should comment or indulge in respect of commenting on the ongoing investigation" into 2G.

"Had this order come earlier, none of such controversies would have arisen," the Minister said.

"I am fully aware of my responsibilities, my obligations, my duties not only as a Minister but also as a citizen of this country," Sibal said in response to question over PAC Chairman’s complaint to the Lok Sabha Speaker.

Joshi has also enclosed clippings of newsreports on Sibal’s press conference and the CD of an interview given by the Telecom Minister to a TV channel.

"The statement (by Sibal) raises several issues regarding parliamentary propriety and preserving and respecting the independence of the CAG - an institution established by the Constitution - and the PAC, a Committee elected by the Parliament...," he said.

He said the three issues needed to be addressed in the light of Sibal’s statement.

"I, therefore, beseech you to take prompt steps to prevent the recurrence of such constitutional impropriety on the part of the ministers. I am afraid if a situation of confrontation between ministers and other constitutional authorities and the Parliamentary Committees develops, then the days of healthy and vibrant democracy are numbered," Joshi’s letter said.

"Already a sense of cynicism is growing and if it has to be replaced by a sense of hope and confidence, we have to take effective measures," it said.

Speaking to reporters, Joshi said while a minister has a right to speak, "the issue is what and when to speak...the Supreme Court observation is clear that there should be a context to it...the dignity (maryada) should be followed."

He said Sibal’s statement has raised questions on impropriety and dignity of PAC and CAG. "If CAG is wrong then all government expenditure should be cleared without audit," he said.

Sibal said he also heard the press confrence of Murli Manohar Joshi.

"I am pained to see that an attempt has been made to suggest that I tried to interfere in any process."

"We have debated this for all constituional authorities, not just the CAG, because in a democracy there is a very delicate balance that must be maintained to ensure that democracy functions in a manner that is sustainable

"Therefore as a member of the parliament we are execptionally careful while making comments on any public functionary especially in a high place. And you have seen in my career in politics I have never made any such comments," he added.

Sibal said that he has the greatest respect for the CAG and he had done no wrong.

"If a particular yardstick is used to comment on what the government has done, the same yardstick should be applied to the opoposition and to every other functionary.

"It can’t be that one yardstick is applied to the govternment and a different yardstick is applied to the other. Therefore they (opposition) should put the matter at rest," he said.