NEW DELHI, Aug 18: The controversy over the transfer of Enforcement Directorate chief M K Bezbaruah took a new turn today when the Supreme Court asked the Government to file an affidavit stating the ``full facts'' of the transfer by August 26.While refusing to order status quo, it expressed its ``distress'' over the move and made it clear that even if the transfer is effected before September 8, the next date of hearing, ``it shall be subject to further orders of the court.''Bezbaruah had been transferred from his post as Director, ED, to Transport Commissioner, Delhi government, on August 13.A three-judge bench, headed by Justice S P Bharucha, passed the order during the hearing of the Indian Bank case when amicus curiae Anil Divan submitted before the court that the transfer was made in contravention of the apex court's directives in the hawala case.The judges observed that it would not be proper to order status quo without hearing the Government.Appearing for the Union of India, SolicitorGeneral Santosh Hegde assured the court that cases being handled by Bezbaruah would not be closed. The court recorded Hegde's statement that ``no cases which were or are being investigated or supervised by Bezbaruah shall be closed or conceded until the next date of hearing.''Apart from the facts of the transfer, Hegde said the Union's affidavit would also answer the queries of the court as to the timing of the transfer as well as how Bezbaruah was transferred without a successor.In his submissions, Divan said that Bezbaruah, as head of ED, was directly and personally monitoring and supervising several sensitive cases relating to high-profile individuals and involving powerful persons, including businessmen, politicians and others such as ``the cases arising out of the Jain hawala case, alleged violations of FERA by Chandraswami and Ashok Jain and other powerful individuals.''He said Bezbaruah was suddenly transferred and appointed Transport Commissioner in Delhi government in contravention of theapex court directive in the Jain hawala case for protecting investigating officers from the influence of executive, politicians and other extraneous forces.Earlier, in the Indian Bank case, the bench also recorded the statement of the Solicitor General that ``no case with which the writ petition filed by Subramaniam Swamy is concerned be closed without further orders till the next date of hearing.''The statement was recorded after Divan had expressed his apprehension that the government might close some of the cases relating to Indian Bank scam which was raised in Swamy's petition.Divan also said that without appointment of the selection committee and the Central Vigilance Commission as per the hawala judgment, transfers such as that of Bezbaruah would totally demoralise honest officers who are handling sensitive cases.It was also submitted that despite the Supreme Court's directives in the hawala case, to protect investigating officers from political, executive and other extraneous influences,not a single directive has been implemented by the Central government. He said the whole effort of the court to insulate these honest and upright officials handling sensitive cases ``has gone for a six'' in the wake of this transfer.Following the submissions of the amicus that the reason given for transfer of Bezbaruah was that Delhi government needed him, the bench observed that no other officer in the country was found good enough except Bezbaruah, who was handling sensitive cases, to be transferred without even constitution of Central Vigilance Commission.
