SC tells Cong MP Subba to prove nationality

M K Subba, Congress MP from Tezpur in Assam, is headed for serious trouble after the Supreme Court today slammed both the Centre and the Central Bureau of Investigation

M K Subba, Congress MP from Tezpur in Assam, is headed for serious trouble after the Supreme Court today slammed both the Centre and the Central Bureau of Investigation (CBI) for having failed to “conclusively” establish his citizenship. The court granted six weeks to Subba to file before it additional documents to conclusively established his Indian citizenship.

Subba, a lottery baron, faced “serious” scrutiny at the hands of the Bench comprising Chief Justice K G Balakrishnan and Justice D K Jain, which raised several questions on his nationality. “It is highly suspicious. How did you become an Indian citizen and how did you come to India?” was the remark from the Chief Justice of India, who was visibly annoyed at the affidavit filed by the CBI.

After Additional Solicitor General Gopal Subramanium pointed out in the CBI finding “no conclusive opinion” on Subba’s nationality, Justice Jain remarked: “We are surprised at the finding of the CBI. It is actually the CBI’s affidavit which gives rise to several doubts.”

Story continues below this ad

Questions have been raised over the citizenship of Mani Kumar Subba time and again after complaints that he received his Indian citizenship through fraudulent means.

The court expressed its displeasure at the CBI affidavit as it failed to establish whether he was a citizen of India or Nepal. Holding the questions pertaining to his nationality as “prima facie, a serious allegation”, Chief Justice Balakrishnan did not spare the MP. “What are the credentials that you are an Indian citizen?” asked the Bench.

Not willing to accept the submissions put forth by the Additional Solicitor General that CBI did look into some documents filed by Subba, including a letter from the Embassy of Nepal that said he never applied for a citizenship there, and some affidavits filed for contesting elections here, the Bench took strong exception to the way the agency conducted the inquiry. “You did not bother to ask him to place the basic documents, say birth certificate or school leaving certificate,” remarked Justice Jain.

On the CBI claims that the help sought from Interpol went futile, the Bench said, “This is your problem. You start with Interpol and do not look at the ground reality.”

Story continues below this ad

The strictures came during the hearing of the petition filed by one Birendra Nath Singh, who alleged that the lottery baron from Assam was a Nepalese citizen and had escaped to India after a murder case was registered against him in early 1970s.

Even senior advocate Abhishek Manu Singhvi, who appeared for Subba, was posed with some difficult questions.

Singhvi argued that he (Subba) has nothing to hide and that, in the entire process, he has almost been projected like Dawood Ibrahim. “The present petition itself starts with an assumption,” the counsel submitted.

Narmada Dam: Contempt plea in SC

NEW DELHI: A contempt petition was filed in the Supreme Court on behalf of the Narmada Bachao Andolan on Friday. The Bench, headed by Chief Justice K G Balakrishnan, perused the petition, which sought action against A D Bhardwaj, secretary of the Sardar Sarovar Construction Advisory Committee besides others, and directed it to be tagged along with the main petition filed in the case. The petition was filed by one Kailash Awasya, a resident of village Bhikheda, in Madhya Pradesh. It pointed out how the dam construction was going on without ensuring rehabilitation of the affected oustees. Referring to a report in The Indian Express (December 12, 2006), the petitioner submitted how the construction of the dam upto the height of 121.92 metres had been completed and further work for installing the gates will be commenced, which meant further rise in the dam’s height to 138.68 metres.