SUMMONING A FORMER PM
A CBI court has issued summons to the former Prime Minister Dr.Manmohan Singh to appear before it in the case of allotment of coal mines to Hindalco Industries, a Aditya Birla Group company. There are conflicting reports in the media and among legal fraternity as to whether a former PM could be summoned. It is pathologically incorrect to claim immunity for a person just because he happened to hold the highest office in the country. This is what the Lokpal sought to attain which was vehemently opposed by Citizen watch groups. A mere issue of summons albeit as an accused does not take away the sheen from a man of impeccable integrity who is perceived to be so. Had it been Shibu Soren, the coal Minister, this would have passed off as yet another incident of a Minister’s criminal misconduct. But the misfortune was that the then PM was holding additional portfolio which probably blurred his vision and he could claim, even if wrong doing is established, that he did his job in a fair and transparent manner oblivious of the implications. The PMO which interacts with the PM then could be arraigned as culpable culprits.
This apart, the decision of Congress President Smt.Sonia Gandhi to express solidarity with her chosen Man Friday is also expected. She needs to be supportive to a battered former PM who is not used to such kind of politics. Yet to claim that this is vendetta is stretching things too far. The judge may be plain wrong but that will be known only when MMS appears and gives his view point which may or may not be accepted by the court. The reaction of the party lends credence to a preposterous and motivated propaganda in the media that there was an unknown beneficiary of pecuniary benefits in the party echelons whom they wanted to shield. We cannot wish away rumour mongers as it is part of our DNA. Even Lord Ram ordered Sita to undergo agnipareeksha to quell doubts about her chastity expressed by a Dhobi. The adage Caesar’s wife must be above suspicion is apt now. It is now the Caesar who has been arraigned as an accused and it is incumbent on MMS to face the challenge and not seek refuge in conventions.
SC on its part should not entertain any petition challenging the summons. That will be an attempt to brow beat a judge who is well within his right to summon any person whom he thinks prima facie has done wrong. That will set a bad precedent. TheLegal luminaries like Soli Sorabjee could assist MMS to come clean but should not question the judge who issued the summons. The party will be ill advised to approach SC for relief but face it before the judge who issued summons.
I wonder why there was not much of protest of this scale when the then law Minister Arun Jaitley chose to name Rajiv as an accused not sent for trial in the Bofors case to derive sadistic pleasure.
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