SC wants to see government file on Naveen Chawla

New Delhi, May 8 (UNI) Former Attorney General Soli J Sorabjee appearing for former Union Minister and senior BJP leader Jaswant Singh today contended before the Supreme Court that the complaint submitted to President of India A P J Abdul Kalam duly signed by 205 NDA MPs seeking removal of Election Commissioner Naveen Chawla, should have been referred to the Chief Election Commissioner (CEC) for his recommendation instead of sending it to the government.

Sorabjee also contended before a bench comprising Justices Ashok Bhan and Talveer Bhandari that Chawla, in view of his proximity to the ruling party at the Centre (read congress), is not expected to discharge his functions of conducting free and fair elections, honestly and impartially.

He also pleaded that only CEC can recommend the removal of an Election Commissioner under Article 324(4) of the Constitution of India. The Court then asked the Additional Solicitor General Gopal Subramanium whether the government acted on the advice of the Cabinet while filing the complaint instead of acting on it.

Subramanium responded by saying that it was the decision of the executive government and not that of the Cabinet.

The Court at this directed the government to keep the file ready for inspection. Initially, Subramanium claimed privilege but later agreed to produce the file before the court without showing it to the petitioner.

When the court wanted to know from the counsel for the petitioner whether President can refuse to act on such complaint or he is legally bound to refer it to CEC for its comments, the response of the petitioner was that once the President decides to act he is bound to refer it to CEC and not to the government as has been done in this case.

The government sought the advice of Attorney General Milon K Banerjee on the issue and he advised the government not to act on the complaint as the allegations levelled in the petition related to the period before Naveen Chawla took over as Election Commissioner.

The main allegation of the petitioner that Chawla was indicted for emergency excesses by Justice Shah Commission and Congress MPs have been contributing to the trusts being run by the family members of Praveen Chawla including his wife Rupika Chawla from their MPLAD scheme funds.

The arguments will continue tomorrow and Senior Counsel Ram Jethmalani will appear for Naveen Chawla.

The bench is also hearing another petition filed by BJP MP Chandra Bhushan Singh challenging the act exempting several offices held by senior politician from the list of office of profit.

UNI