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Government objects in court to RSS chief's Malegaon remarks
Wednesday February 29, 2012 11:47:47 PM,
IANS
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New Delhi: The
government Wednesday objected in the Supreme Court to the Rashtriya Swayamsewak Sangh (RSS) chief's remarks on the Malegaon
blasts when the court was hearing a plea by the case's key accused
against the Bombay High Court order that allowed their custodial
interrogation.
Additional Solicitor General Harin Rawal drew the attention of the
apex court bench of Justice H.L.Dattu and Justice Anil R. Dave to
the news item that had appeared in a national daily.
"Today I find some article in a national daily which causes
concern to me," Rawal told the court.
As Rawal drew the court's attention to the news report, citing RSS
chief Mohan Bhagwat as saying that the then Maharashtra Police's
Anti-Terror Squad chief Hemant Karkare told him that he was "under
pressure to implicate right-wing outfits" in the Malegaon,
Samjhauta Express, Ajmer and Mecca Masjid bomb blasts, the court
said: "We have not come across it."
Rawal told the court about the news item in the course of the
hearing of a petition by Prasad Srikant Purohit and Sudhakar Dhar
Dwivedi, who have challenged the Bombay High Court order allowing
the National Investigation Agency (NIA) to interrogate them in
connection with 2008 Malegaon blast.
The apex court by its December 16, 2011, interim order had
suspended the Bombay High Court order permitting the custodial
interrogation of Purohit and Dwivedi. The court extended its
interim order till March 14, when the matter would be listed for
further hearing.
Purohit is still a Lt. Colonel in the Indian Army and is facing
disciplinary proceedings.
Pointing to the contents of the news report, Rawal said it
amounted to commenting on the merit of the case before the top
court. He said the real test of interference in a sub judice
matter was "not in actual interference but the tendency to
interfere".
He cited the case of Milk Control Order during the then West
Bengal Chief Minister P.C. Sen's tenure.
While the Calcutta High Court was seized of a petition challenging
the order, Sen defended the government's decision at a public
meeting. He was hauled up by the high court for airing his views
on the issue which was sub judice and it was also upheld by the
apex court.
As the court was told that the news report was not pertaining to
the proceedings of the apex court but the comments of a public
figure, the court wondered why such statements are made when they
are of no benefit.
The court also observed that the people who are reporting also
have a responsibility.
Karkare fell to the bullets of Pakistani terrorists during 26/11
Mumbai terror attack.
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