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EXPRESS NEWS SERVICE
NEW DELHI, Sept 8: The Union Government's effort to justify the transfer of former Enforcement Directorate chief M K Bezbaruah is ``misleading'' and is based on a ``misquoted judgment,'' said the Supreme Court today.
A three-judge bench, headed by Justice S P Bharucha, expressed surprise that the government was justifying Bezbaruah's transfer after ``completely rewriting'' a Supreme Court judgment on immunity to officials handling sensitive posts from the hazard of frequent transfers.
``The relevant words of the judgment are omitted. How can you do so? If this is not an attempt to mislead the court, then what is it? The sentence is completely re-written and that too by the government?'' the bench observed.
In justifying the transfer which involved clearance by three ministries and which, as per the affidavit, was cleared in three days, the Government had taken refuge in the Supreme Court directions calling for a minimum tenure of two years for the Enforcement Director.
``The allegation that thetransfer was premature is inadmissible as Bezbaruah had already completed a tenure of more than two years and nine months as against the minimum period of two years as stipulated in the directions of the Supreme Court in the Vineet Naraian (hawala) case,'' the Government's affidavit states.
While admitting the error, Solicitor General Santosh N Hegde said that Bezbaruah was transferred on August 13 after the Delhi Government made a written request on August 10 which was processed and the Cabinet Committee on Appointments gave its approval.
After the Solicitor General conceded the error in the affidavit, the bench said, ``it is an error... a tremendous error. It goes to show with what diligence the affidavit was prepared in such an important matter.''
The court adjourned the matter till tomorrow as Hegde sought time to seek instructions on facts behind the transfer.
The government clarified that Bezbaruah had not yet joined Delhi government as the Principal Secretary and Transport Commissioner but hasrequested continued employment with the Central government. The transfer of Bezbaruah was raised during the hearing of the multi-crore-rupee Indian Bank scam which is being monitored by the apex court on the lines of the hawala case.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
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