The Hindu : Front Page : Centre directed to file revised affidavit after `applying its mind'

Online edition of India's National Newspaper
Tuesday, Jan 03, 2006

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Centre directed to file revised affidavit after `applying its mind'

Special Correspondent

Has the Government something to hide, asks the commission

AHMEDABAD: The G.T. Nanavati and K.G. Shah judicial inquiry commission probing the Godhra train carnage and the post-Godhra communal riots in Gujarat, has directed the Central Government to file a revised affidavit after "applying its mind" on the disclosure of former President K.R. Narayanan's letter to the then Prime Minister, Atal Bihari Vajpayee, on the Gujarat riots.

The direction was issued after the Centre filed an affidavit through the Additional Solicitor-General, Mohan Parasaran, turning down the request for submitting a copy of Narayanan's letter to Mr. Vajpayee claiming privilege under Article 74 of the Constitution.

The Centre, in its earlier affidavit filed through the deputy secretary of the Union Ministry of Personnel and Public Grievances, Jugal Kishore, had claimed privilege under Section 123 of the Evidence Act refusing to disclose the letter, which could jeopardise public interest.

Mr. Justice Nanavati, however, argued that since the former President himself, in a media interview, had disclosed the contents of his letter to Mr. Vajpayee and later in response to the commission's letter had "confirmed" having said so, what was the justification of the Central Government to claim privilege on the ground of public interest.

"Should we derive legitimate inference that the government has something to hide," he asked. Mr. Parasaran quoting some Supreme Court rulings pointed out that under Article 74 all correspondence, irrespective of the content, between the President and the Prime Minister and his Council of Ministers was classified information and could not be disclosed.

Centre "not concerned"

He said the Centre was not concerned about the contents of Mr. Narayanan's letter to the then Prime Minister but in general the correspondence between the two could not be placed before a commission holding a public inquiry.

The commission, however, asked the additional solicitor general to "justify" the privilege claim and directed the Centre to file a revised affidavit after "applying its mind" by February 4 stating the reasons why the letter could not be placed before the commission.

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