Amar drops phone-tapping charge against Cong, gets SC`s snub

Last Updated: Thursday, February 10, 2011 - 00:17

New Delhi: Controversial politician Amar
Singh on Wednesday 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have been withdrawn due to the changed circumstances which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



First Published: Thursday, February 10, 2011 - 00:17
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