Cong wants Sorabjee sacked for advising Hindujas on power project

The AG had also participated in a similar meeting in May, 1999 which he said was also not proper despite his having taken permission from the government. “The Attorney General is the highest law officer under the Constitution and he cannot give an opinion in a matter between a private party and the Government in favour of the private party. He has compromised his position somuch that he should resign or the Government should sack him,” he said.

Reddy said that he had tried to raise through an adjournment motion and again through a substantive motion under Rule 184 but the Speaker had disallowed it.

He contended that not only the action of his offering advice to the Hindujas was improper the opinion was “untenable and unjustified” even on merits of the case. He claimed that the AG had told the Hindujas that the Government’s offer of a counter-guarantee remained valid even if they (the Hindujas) did not fulfill all the conditions.

According to a record of the minutes of the meeting with the Hindujas’ financiers, Sorabjee had also offered to do his best to ensure that the Government “does not exercise due diligence” in clearing the project.

The minutes read: “He (AG) then went on to explain that one of the problems the Govt is having is that they are concerned that the various attempts at clarifying this issue would result in them having to carry out detailed due diligence on the underlying project.”

According to the document which Reddy circulated, the minutes also said: “He therefore suggested that the lenders provide an explanation as to why the current certificate was not sufficient together with a number of alternative versions of the certificate. He said that he would then consider these and form an opinion as to whether any of these certificates could be provided by the Ministry of Power without placing themselves in a position of needing to carry out due diligence. He would then advise the MOP accordingly and he would see that they (Government) would then follow this advice and issue the certificate he approved.”

However, reacting to the allegations, Sorabjee denied that he had agreed to influence the Government to pass orders favouring the Hindujas.

“The purported statements in the minutes that I agreed to use my office to influence any minister or ministry” to pass orders favouring the corporation “are entirely untrue”, he said, adding that he has taken up the matter with the London solicitors.

He said the solicitors of the power company had sought a meeting with him in respect of some matters arising out of the earlier opinions which he had given to the company after receiving the Government’s express written permission.

At the London meeting, there was discussion about the form and the wording ofof the letter of acknowledgement or certificate to be given under the counter-guarantee, he said.

Sorabjee said: “I made it clear that I would not express any opinion regarding these matters unless Government of India expressly authorised me to do so. This fact has been recorded in the minutes.”