Jethmalani chronicles story of resignation

8220;The object of the book is to provide the perceptive and the unbiased reader all relevant materials collected in one small volume related to, the story of my resignation and the course of events that ultimately led to it. What happened on 21st of July in court or 22nd of July 8212; my response to the court proceedings 8212; was the last straw on the camel8217;s back but things had been simmering for a while, in the words of my friend Soli Sorabjee8230; Not merely simmering, I could hear the rumblings. Sorabjee was the epicentre of the subterrainian rumblings. So it is the story of how each of the three characters have behaved. Sorabjee, the Chief Justice and of course, Arun Jaitley.8221;

Jethmalani said the three had conspired to mislead the Prime Minister and 8220;painted a dark picture before him8221;. 8220;Each one8217;s separate intention to get rid of me at some stage became the common intention of all,8221; Jethmalani commented and added: 8220;That8217;s what is called a conspiracy. I have related the story in as simple terms as possible but all the time taking care to document it. I have quoted the documents in extenso and where this was not feasible I have put the documents in the annexures.8221;

He clarified that the effort was basically 8220;an adventure in self-explanation and to apprise the intelligentsia of the country the kinds of things that could happen at the highest places8221;.

Prime Minister Vajpayee is also 8220;exposed8221; in the process. 8220;8230;It does show the Prime Minister8217;s gullibility and his lack of discrimination. I am saying this to you, I have not said it to any other reporter that the Prime Minister is, unfortunately, surrounded by some very dangerous scorpions who will one day sting him. In his own interest, he should get rid of them. It is true that the Prime Minister has to trust, it is said it is better to trust and lose than not to trust at all. In the highest level of the Prime Minister, too much trust can be dangerous.8221;

Asked whether the book considered the law involved in the prosecution of judges who have violated the Constitution or committed crimes, Jethmalani said: 8220;I raised various questions and have not sought to answer them all. I expect that intelligent people in this country will start a lively debate. What happens when a Chief Justice creates a problem in which he is wholly wrong? Should the Law Minister surrender? Should the Government surrender? If the Law Minister doesn8217;t surrender, what is the duty of the Prime Minister? Should the Prime Minister ask the Law Minister to surrender? You can8217;t sit and watch the game. These problems can arise in the future particularly with a Chief Justice who has abnormal notions of his own office.8221;

Commenting on the Madhya Pradesh land scandal, Jethmalani said that matters can8217;t be pushed under the rug. The media had investigated the incident in detail and answers to the allegations should be provided. 8220;Those who are interested in maintaining the public confidence in the judiciary, they should decide what should be done,8221; Jethmalani said. 8220;We are not happy about the present methods about making judges accountable for their actions, that is why I am a great supporter of the creation of a National Judicial Commission. Today, the entire opinion regarding the appointments procedure of judges8230; is an incestuous procedure.8221;

Jethmalani was critical of the existing safeguards. 8220;Internal mechanisms don8217;t work. There is some kind of trade unionism among the judges. Protect one another in the supposed interests of protecting the institution. Such an attitude won8217;t do.8221;

He clarified that there were two Presidential references before the Law Ministry against Justice Anand: one related to the Madhya Pradesh land scam and the other a petition by Dr B.K. Subba Rao seeking to prosecute then Chief Justice Ahmadi and Justice A.S. Anand.

Jethmalani further claimed that he was duty-bound to respond to the President8217;s reference and was, in fact, trying to find a way to save Anand, who, instead of appreciating the move, sought to complain to the Prime Minister behind his back.

Extract

Somebody in the PMO, whom I do not wish to identify, believes that he has the political acumen of Chanakya. In any event, it is an old familiar method of keeping inconvenient persons under control, never to dispose of some frivolous allegations finally, keep a cloud hanging, and use it for blackmail when necessary. The gentleman from the PMO, with or without the knowledge of the Prime Minister I have never cared to ask or enquire, appears to have sent the M.S. Shoes papers to the Attorney General for his opinion. Even a LL.B. student would have seen that there was nothing hanky panky, everything was aboveboard. I had not written off four thousand crores of Government8217;s money; I had acted on a representation of 35 Members of Parliament of all political parties, the prima facie findings of the District Judge, and my own perception of justice and equities of the case.