SC Gives Amar A Tongue Lashing
New Delhi, Feb 9: Controversial politician Amar Singh today got the rough end of the stick in the Supreme Court which lashed out at him for filing a petition against against Congress and its President
New Delhi, Feb 9: Controversial politician Amar Singh today got the rough end of the stick in the Supreme Court which lashed out at him for filing a petition against against Congress and its President Sonia Gandhi in the phone tapping case and now wanting to withdraw it in the "changed circumstances".
Calling the former Samajwadi Party leader's personal knowledge "dubious", a two-member Bench of the court showed its unhappiness with his change of stand, four years after he had made allegations against the ruling party.
"Tell us in view of your revised affidavit how do you affirm the allegations against the political party through its President," the bench comprising Justices G S Singhvi and A K Ganguly said.
"The court is a victim of your affidavit. The court had started hearing your case and attention was given to you for many years on the basis of your averments in the petition.
How many hours and days were spent on your case," the Bench asked.
"When the court is asking you to pin-point the averments, you are withdrawing the major chunk of your averments," the Bench observed.
The Bench wanted to know from Singh why he wanted to withdraw allegations against a "particular respondent".
Senior counsel and Congress spokesperson Abishek Singhvi, appearing for Singh, replied that the allegations have been withdrawn due to the changed circumstances which were based on the personal knowledge.
"Your averments, which are based on personal knowledge, cannot change. When you say that it is personal knowledge, it means it is something that you know personally and which cannot change with the passage of time," the court observed.
"If that is your personal knowledge, it cannot be contradicted by yourself," the court said, noting, "Your personal knowledge is dubious."
"Right to privacy is important but why should the court entertain the petition about a person who has not come with clean hands?," the bench said.
"Is it appropriate for the court to spend hours when the petition is based on fabricated documents," the Bench asked.
During investigations, it was found that the interception of Singh's telephone was done on the order which was based on documents with forged signatures.
The court was anguished that Singh was dropping the charges four years after he filed the petition accusing the political rivals and the party in power of intercepting his phone which consumed the precious judicial time.
Singh has filed an affidavit saying that "he was withdrawing all averments, contentions and allegations made against the respondent (Congress through its President)".
Justifying the changed stand, Singhvi said "I filed the petition on the basis of my stand in 2006 and my thinking is subject to change".
While pulling up Singh for changing his stand, the bench said, "The court started hearing your case. Many years have passed and many hours were devoted in your case on the basis of your averments. We tend to rely on them. It has virtually taken the court for a ride."
The bench insisted that Singhvi read out the portion of the petition in which allegations against the Congress party and its President were made.
Singhvi, who was visibly uncomfortable, said "he (Singh) has been the target of attack of leaders of Congress Party including their spokesperson" that evoked laughter from those present in the court.
The senior advocate further said there has been a concerted conspiracy to tap telephones of people who are not in alliance with the ruling party.
The Bench said it was seeking the assistance of Singhvi to examine as to "how his client has acted".
"It is not a large issue but a vital issue," it said.
Solicitor General Gopal Subramanium apprised the Bench about the sequence of events and the investigation into the case, the trial of which is in progress. PTI
Calling the former Samajwadi Party leader's personal knowledge "dubious", a two-member Bench of the court showed its unhappiness with his change of stand, four years after he had made allegations against the ruling party.
"Tell us in view of your revised affidavit how do you affirm the allegations against the political party through its President," the bench comprising Justices G S Singhvi and A K Ganguly said.
"The court is a victim of your affidavit. The court had started hearing your case and attention was given to you for many years on the basis of your averments in the petition.
How many hours and days were spent on your case," the Bench asked.
"When the court is asking you to pin-point the averments, you are withdrawing the major chunk of your averments," the Bench observed.
The Bench wanted to know from Singh why he wanted to withdraw allegations against a "particular respondent".
Senior counsel and Congress spokesperson Abishek Singhvi, appearing for Singh, replied that the allegations have been withdrawn due to the changed circumstances which were based on the personal knowledge.
"Your averments, which are based on personal knowledge, cannot change. When you say that it is personal knowledge, it means it is something that you know personally and which cannot change with the passage of time," the court observed.
"If that is your personal knowledge, it cannot be contradicted by yourself," the court said, noting, "Your personal knowledge is dubious."
"Right to privacy is important but why should the court entertain the petition about a person who has not come with clean hands?," the bench said.
"Is it appropriate for the court to spend hours when the petition is based on fabricated documents," the Bench asked.
During investigations, it was found that the interception of Singh's telephone was done on the order which was based on documents with forged signatures.
The court was anguished that Singh was dropping the charges four years after he filed the petition accusing the political rivals and the party in power of intercepting his phone which consumed the precious judicial time.
Singh has filed an affidavit saying that "he was withdrawing all averments, contentions and allegations made against the respondent (Congress through its President)".
Justifying the changed stand, Singhvi said "I filed the petition on the basis of my stand in 2006 and my thinking is subject to change".
While pulling up Singh for changing his stand, the bench said, "The court started hearing your case. Many years have passed and many hours were devoted in your case on the basis of your averments. We tend to rely on them. It has virtually taken the court for a ride."
The bench insisted that Singhvi read out the portion of the petition in which allegations against the Congress party and its President were made.
Singhvi, who was visibly uncomfortable, said "he (Singh) has been the target of attack of leaders of Congress Party including their spokesperson" that evoked laughter from those present in the court.
The senior advocate further said there has been a concerted conspiracy to tap telephones of people who are not in alliance with the ruling party.
The Bench said it was seeking the assistance of Singhvi to examine as to "how his client has acted".
"It is not a large issue but a vital issue," it said.
Solicitor General Gopal Subramanium apprised the Bench about the sequence of events and the investigation into the case, the trial of which is in progress. PTI