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This is an archive article published on July 29, 2000

PM rejects Jethmalani claim, orders inquiry into info leak

NEW DELHI, JULY 28: Prime Minister Atal Behari Vajpayee on Friday rejected Ram Jethmalani's views about Attorney General (A-G) Soli Sorabj...

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NEW DELHI, JULY 28: Prime Minister Atal Behari Vajpayee on Friday rejected Ram Jethmalani’s views about Attorney General (A-G) Soli Sorabjee and Chief Justice of India (CJI) A S Anand and ordered an inquiry into the leak of secret government documents by the former Law minister.

Seeking to set at rest the controversy over the removal of Jethmalani, Vajpayee said in the Rajya Sabha that he had asked him to resign to remove the "imbalance" sought to be created between the Judiciary and Executive.

The Prime Minister rose to clear the air on the issue after Law Minister Arun Jaitely asserted "there is absolutely no violation of principles, propriety, conventions or practices" in the action of A-G in giving advice to private parties including on counter-guarantee for Hinduja Power Project in Andhra Pradesh.

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On the Opposition charge that Sorabjee had committed a constitutional impropriety by giving advice to Hindujas when investigations were on into the Bofors scandal, Vajpayee said the pace of investigations into the case was being maintained.

Vajpayee said there was no pressure on the Central Bureau of Investigation (CBI) during the probe and any delay was only due to procedural and judicial wrangles. On charge-sheeting Hinduja brothers, Vajpayee said the brothers had changed citizenship and were refusing to come to India. Vajpayee was responding to clarifications by members on his statement in both Houses.

"My former Law minister just cannot keep quiet," the Prime Minister quipped and said despite his repeated advice, Jethmalani went on expressing views even on issues that did not really concern his ministry.

He was asked to send in his resignation as the Government felt that "enough is enough" as a deep rift had developed between the Judiciary and Executive, he said.

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"Many a times I had talked to him in a friendly way. He used to express his views on subjects which are not his area and when it was pointed out, he would simply say it was his personal opinion," Vajpayee said defending his decision to ask Jethmalani quit.

Earlier, Jaitley said there were precedents where A-Gs had been given permission to advice private parties and offered to lay such instances on the table of the House.

This was challenged by the Opposition including Congress members and legal experts Kapil Sibal and H R Bharadwaj who said the Attorney General had committed grave impropriety by giving advice to Hinduja brothers and demanded that Attorney General be summoned to the bar of the House to explain his conduct.

Vajpayee also asked the members whether they were seeking to put him on the dock for exercising his prerogative to retain or remove any minister and denied there was any pressure on him to either remove or retain Jethmalani.

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He said the Government had to defend its Attorney General as he had no avenue to explain his position. Vajpayee asserted that he would not succumb to any pressure. "The day I do that you may not find me in Parliament."

On queries by nominated member Kuldip Nayyar regarding Sorabjee’s opinion on Jethmalani’s conduct in the MS Shoes case, Prime Minister said the Attorney General has given his views and investigations were on. In his statement, Vajpayee said the Government completely disagreed with Jethmalani’s perception of facts.

Meanwhile, the Congress demanded a full-fledged discussion on the Jethmalani issue in the Lok Sabha, saying it was an important constitutional matter.

The demand was raised by senior party leader Madhavrao Scindia soon after Vajpayee made a statement on the issue in the Lower House.

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Scindia urged Speaker G M C Balayogi to allow a discussion, saying larger constitutional issues were involved, besides the question of propreity.

He was supported by DMK leader P H Pandian who said if the Rajya Sabha could discuss the matter, it should be debated in the Lok Sabha as well.

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