SC cracks Q whip hard but London says can’t refreeze

It is significance given the SC’s strong directions today. In an interim order, a bench, headed by Chief Justice Y K Sabharwal, directed the Government and the CBI to maintain “status quo ante” on the accounts and said they should ensure no money is withdrawn “if not withdrawn so far”.

In case of of funds withdrawal, as the defreezing was said to have been ordered on January 11 by a UK court—the CBI was informed by e-mail on January 12—Centre and CBI should explain steps taken in an affidavit, it added. The bench directed notices to them and sought replies within a week. The Government should also make clear who instructed Additional Solicitor General to okay de-freezing of the accounts. Next hearing is on January 23. The interim order came on a PIL by SC advocate Ajay Agarwal, challenging the de-freezing. Additional Solicitor General Gopal Subramaniam said that he had no government instructions in the matter and that he was present there as a “notice” was served to the Attorney General and the Solicitor General by PIL petitioner Agarwal. Subramaniam criticised Agarwal for not having “the basic courtesy” to serve petitions on the respondents.

At this point, the bench pulled up Agarwal and wondered how he could array Law Minister H R Bhardwaj and Additional Solicitor General B Dutta as respondents. The court declined to issue notices to Bhardwaj and Dutta, saying it was enough to put the Government and the CBI on notice. “Unnecessarily the Law Minister and the Law Officer have been arrayed as respondents by the petitioner who is playing to the galleries. This practice of playing to the gallery must be deprecated and the trial by media must be be deprecated,” the judges said.

The judges repeatedly asked Subramaniam whether the trial court was moved to take an order for defreezing since in a case of seizure and defreezing of accounts, to restore the materials to the accused and remove the freezing of his accounts, an application should be moved before the trial judge and an order must be obtained to that effect.All that Subramaniam could tell the court was that he had no instructions and “I know nothing” about the case “at this stage”.