Attacking Sonia Gandhi and Chidambaram in speeches is constitutional – Subramanian Swamy

UPA government moves Supreme Court to restrain Swamy – Nagendar Sharma

Sonia Gandhi & ChidambaramThe government on Monday moved the Supreme Court seeking to restrain Janata Party chief Dr Subramanian Swamy from making wild allegations against the UPA leadership in the 2G scam case.

In its two-page application, the government sought the top court’s intervention into what it termed Dr Swamy’s attempts to “malign and lower the image and prestige of public servants holding important offices in government and parliament”.

A defiant Swamy, however, refused to withdraw his allegations and dared the government to file a defamation case against him.

The government has pointed out that Swamy delivered a lecture on ‘Hidden Facts About the 2G Spectrum’ in Bangalore on October 19, and his speech was reported by many newspapers.

In his speech, Swamy had said: “A Raja is a small fry in the big scam. Chidambaram is the mastermind who guided Raja through the 2G spectrum allocation deal…I will not sleep till I get the real people behind the scam arrested.”

Swamy also named DMK head M Karunanidhi and Congress chief Sonia Gandhi among others in his list of alleged beneficiaries from the scam.

The government has stated that since the matter is pending before the Supreme Court and the CBI special court, Dr Swamy has deliberately interfered with the course of justice in a “sub-judice matter”.

“Till this day there has been no contradiction of the news reports by Dr Swamy…. Propriety order demands that the litigant should not speak on the subject in public and declare that certain persons including an accused as guilty of serious offences,” states the government application.

When contacted, Swamy questioned the government’s move to provide its application to the media. “Supreme Court rules require that such an application must be filed only after serving me with a copy of the same. This has not been done, and yet mediapersons have been provided a copy…. There is also a question of freedom of speech.

Relief from that is only by way of the law of defamation.”

The Supreme Court had on October 10 reserved its judgment on Swamy’s application for a probe into home minister P Chidambaram’s role into the 2G scam as the then finance minister during 2007-08. – Hindustan Times, New Delhi, Nov. 14, 2010

Dr. Subramanian Swamy

Swamy’s response

I have been contacted by the media to seek my comment on an Interlocutory Application filed by the Union of India in the Supreme Court seeking directions of the Hon’ble Court to prevent me from making public statements on the foreign bank accounts of Ms. Sonia Gandhi and P. Chidambaram.

Supreme Court Rules require that such an Application must be filed only after serving me with a copy of the same. This has not been done, and yet media persons have been provided a copy.

However at this stage all I can say is that subjudice principles invoked in the Interlocutory Application do not apply in India since we do not have a jury system. A jury of ordinary citizens can be influenced by statements made outside the Court. But in India there is no such possibility.

There is also a question of Freedom of Speech which can only be subject to reasonable restrictions. Attacking by words or speeches or making allegations against Sonia Gandhi and Chidambaram is perfectly within the Constitution.

Relief from that is only by way of the law of Defamation

One Response

  1. but bangaru episode was blown out of proportion and B J P did nothing to finish such extortionist during its tenure.

  2. http://www.deccanherald.com/content/204473/a-crusader-turns-collector.html–

    Tehelka armtwisted Goa govt into funding its literary fest
    A crusader turns collector
    Devika Sequeira, Nov 12, Panaji:

    After several preliminaries and high-power calls—some of them from Sonia Gandhi’s political adviser Ahmed Patel —”Tehelka” publisher and chief operating officer Neena Tejpal met Chief Minister Digambar Kamat in Goa weeks ahead of ”Think 2011”, the magazine’s ‘festival of ideas’ that was held here from November 4 to 6.

    “She came with a few other people to meet me and asked us to associate with the event. Since prominent people, including central ministers were coming, we agreed to help them,” Kamat told Deccan Herald on Saturday.

    He denied there had been pressure from Delhi for him to support the festival, which has been shadowed by a controversy, or that a deal had been struck for “Tehelka” to hold off an expose on illegal mining in Goa. “No, no, that’s not true at all,” he said.
    Also present at the meeting with the “Tehelka” representatives were Chief Secretary Sanjay Srivastava, former tourism secretary D C Sahoo, Finance Secretary S Kumaraswamy, Director (tourism) Swapnil Naik and others.

    Neena Tejpal, sister of “Tehelka” editor Tarun Tejpal, was business-like and downright arrogant with the Goa chief minister, leaving his aides quite stunned. “If Tarun was here, he would have asked for Rs 1.5 crore. How much are you willing to give?” she asked Kamat quite bluntly, a government source told Deccan Herald. The source expressed shock at Neena’s tone and tenor, considering she was talking to the chief minister of a state. An embarrassed Kamat asked his aides to see which departments could be tapped for funding the fest and the chief secretary finally came up with a figure of Rs 50 lakh for the magazine’s event.

    “Tehelka”, which prides itself for its investigative and public interest journalism, has been accused by theatre personality Hartman De Souza of burying a report on mining in Goa by its former correspondent Raman Kirpal because of the negotiations with the Goa government on “Thinkfest”. Tejpal has strongly denied the charges.

    But a government aide said after the meeting with Neena Tejpal there was a strong buzz in the secretariat that Kamat was keen to oblige the “Tehelka” people because they have some “explosive material” on him.

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