Author: Navin Upadhyay
Publication: The Pioneer
Date: October 11, 2007
Documents reveal attempt to woo judiciary
Two Members of Parliament from Gujarat have
urged Prime Minister Manmohan Singh to order an inquiry into the shocking
evidence suggesting Narmada Bachao Andolan (NBA) leader Medha Patkar tried
to influence the Government and the judiciary to obtain a favourable verdict
in a case against her NGO in the Supreme Court.
Senior Congress leader Urmilaben Patel and
Ratilal K Verma of the BJP, both MPs, have submitted identical evidence to
the Prime Minister to establish that Patkar was in touch with a foreign agency,
who wanted to oblige even a judge of the Supreme Court after he, along with
another judge, dismissed a PIL against NBA. The PIL was filed by the National
Council for Civil Liberties, a Gujarat-based NGO alleging that NBA was engaged
in anti-national activities.
The MPs have enclosed email correspondence
between Patkar and Patrick McCully, former director of the International Rivers
Network at Barkley in the US. The correspondence shows Patkar claiming she
had put pressure on the UPA Government, which was also served a notice by
the court to respond to the charges of NBA's involvement in anti-national
activities to stop construction of work at Sardar Sarovar Project in Gujarat.
The sequence of email correspondence between
McCully and Patkar is revealing. Minutes after the SC dismissed the NCCL's
PIL on July 10, 2007, McCully was informed of it by one Phillip through Patkar's
email address.
Next day, McCully wrote back to Patkar, "You
have mentioned in your message (email) that Judge Thakkar (CK) is ex-chief
justice of Gujarat and anything can happen. How you manage this. What was
the second judge?"
In reply, Patkar wrote back on July 13, "Phillip
made a mistake in quoting Thakkar as the ex-chief justice of Gujarat. He was
initially judge there. Justice Altamas Kabir wrote the judgement."
Patkar also wrote that many eminent persons
wrote to the UPA Government and her advocates supported them. "We dealt
with the press very selectively and ensured that pressure was kept all through."
"Along with this, the petitioner's case
was so weak. Its triviality was obvious. Legally it was non-maintainable,"
she added.
To this, McCully responded on July 17, "I
was keeping a constant watch on this case. I was actually disturbed after
reading written submission of Saxena (VK Saxena, chairman NCCL, the petitioner),
which he had posted on his website. Not a shred of reference in the judgement.
You have managed it very effectively."
McCully's email underlines the fact that Saxena's
petition had disturbed him and he was happy to see that the charges levelled
against him were not even touched upon in the judgement. The reference to
"managing" the whole thing is significant.
McCully added they would like to honour those
people who supported Patkar in the case. "You can send a list of 5-6
people with their very brief background in 2-3 lines. The function can be
organised in London instead of the US through other groups. With his strategy
these people could be more committed to your cause."
And then he added this bit of shocking offer:
"We must honour Judge Kabir for supporting you. Please explore the possibility.
He will retire in 2013 -- a very useful man for your further battles."
It is well known that Justice Kabir is a respected
judge with impeccable career record. While there is nothing to show he obliged
Patkar, McCully's mail clearly showed a sinister design to woo him to help
NBA in future.
In her reply sent to McCully on July 22, Patkar
felt that openly obliging her benefactors would be counter-productive. "Thanks
a lot. Other than advocates, no one would like to be acknowledged for writing
to pressurise the Government. That might boomerang."
Referring to the email, both the MPs asked
the Prime Minister to order an inquiry into the whole episode.
Verma has pointed out to the Prime Minister
that the exchanges between Patkar and McCully are "explosive and dangerous
to the extent that they show foreign interest and support to a group that
is indulging in obstruction to the country's development. It carries blatant
suggestion that July 10 Supreme Court judgement was managed."
Urging the Prime Minister to order an inquiry
to identify those who tried to put pressure on the UPA Government and the
judiciary to favour NBA, Verma asked, "When even the thought of influencing
the judiciary at any level is contemptuous, is it not a case of sedition against
the NBA -- a group working with foreign aid?"
Echoing similar views, Urmilaben Patel has
asked the Prime Minister that "the Government should immediately inquire
as to how Medha Patkar managed a favourable verdict And take appropriate action
against Patkar for bringing disrepute to the Government and to the Hon'able
Supreme Court and halting the process of national development with foreign
support."
