Author: Josy Joseph
Publication: The Times of India
Date: December 16, 2011
URL: http://timesofindia.indiatimes.com/india/Chidambaram-ex-clients-FIR-quas%20%20hing-row-Law-ministry-note-exposes-MHA-claims/articleshow/11125936.cms
Fresh documents raise questions about the
home ministry's claim that it did not give any orders on withdrawal of the
three FIRs against a Delhi businessman SP Gupta who was once a client of P
Chidambaram.
After TOI first reported the matter on Tuesday,
the home ministry has claimed in its clarifications that it was the law ministry
which recommended the withdrawal of FIRs against S P Gupta. It maintained
even on Thursday that its role was restricted to conveying the opinion of
the law ministry to the Delhi government.
But the two-page law ministry note of March
18 and the May 9 order of the home ministry to the Delhi government both narrate
a different story. The two-page March 18, 2011 opinion of the law ministry
is vaguely worded and stops short of making a specific recommendation for
the withdrawal of the FIRs.
Law ministry told the home ministry, "We
are of the opinion so far as taking steps under section 173(8) CrPC as suggested
by Sh Gupta in his representation is concerned, it not appropriate to interfere
in investigation." Moreover, "as stated para 5 that three cases
are pending for trial stage and in one case investigation is pending but no
action has been taken due to directions of the high court," the law ministry
pointed out.
The law ministry then left the entire decision
to the home ministry. "However, if the representation of M/s Sunair Hotels
Ltd falls under the ingredients of the said section i.e. 321 of the CrPC,
then the ministry of home affairs may take suitable steps," the ministry
had said.
In fact, the communication from A K Saxena,
a director in MHA, to Arvind Ray, principal secretary in Delhi government,
suggests that the home ministry did not follow a "hands off" approach
in the matter as is being claimed now.
On May May 9, 2011, Saxena wrote to the Delhi
government, "As per the advice of law ministry keeping in view the facts
of these cases, the Home Department of Government of NCT of Delhi should urgently
scrutinize the above cited case FIR No 90/2000, FIR No 99/2002 and FIR No
148/2002 registered by the Delhi Police for taking action under Section 321
of CrPC for withdrawal of prosecution immediately."
Saxena summed up by saying, "This has
the approval of the Union Home Minister."
