Diaries contain entry, exit details of scam accused from CBI director's residence
Lawyer says disclosing names will lead to victimisation of whistleblowers
The Supreme Court on Monday asked Centre for Public Interest Litigation petitioner Prashant Bhushan to disclose the names of the whistleblowers who have handed over the visitors' diary at 2, Janpath – the official residence of CBI director Ranjit Sinha – to him.
The diaries reveal the exit and entry details of many accused in high-profile scams like the 2G case from 2, Janpath. Sinha is under a cloud since the CBI is investigating most of these scams.
Bhushan submitted that history says whistleblowers, whose names were disclosed in the past, have been victimised. "It's to protect the identity of such persons, the government is considering the Whistleblowers' Protection Act. A whistleblower can give information to the media, lawyers and to activists", Bhushan said and sought the court not to accept Sinha's plea for the disclosure of names.
To this, the bench headed by Justice H L Dattu said: "We will go into the merits of the allegations after knowing the source of the information, as it may have ramifications on the reputation of the director and may also affect the ongoing trial in the 2G scam."
The court made it clear that Bhushan can submit the whistleblowers' names in a sealed cover only for its reference and posted the matter for September 22.
Bhushan told the bench that "he is ready to stake his life on the authenticity of the diary."
"It is totally unfair, asking to disclose the name of whistleblowers," he said. The senior-most officer of the premier investigating agency has already admitted that he has met the accused at his residence, Bhushan argued.
Also on Monday, the Supreme Court turned down Ranjit Sinha's plea for an in-camera hearing of the plea seeking his removal from the CBI director's post for meeting the accused in the 2G scam.
Senior advocate Vikas Singh, who appeared for Sinha, had requested in-camera proceedings as "the case involved a senior officer's reputation and integrity".
Taking a serious view after going through Bhushan's affidavit explaining the diary details, the bench had earlier sought Sinha's response.
Singh said the affidavit filed by Bhushan is not in consonance with the Supreme Court rules (Order 9 of Rule 13) and asked him to reveal the source from whom he got all the documents. Singh said that before Bhushan submitted the original diary to the court, a Mumbai-based newspaper had carried the story and somebody from there is controlling him (Bhushan).
Singh questioned the very existence of the diary and said that 90 per cent of the entries were forged.
"A corporate house is working behind all these controversies and it is intended to benefit the accused in the 2G scam," Singh said.
The bench wanted to know the stand of the CBI in the controversy but senior advocate K K Venugopal, appearing for the agency, refused to get into it, saying that it is a matter between advocate Prashant Bhushan and the director.
Sinha's meeting with two top officials of the Anil Dhirubhai Ambani Group (ADAG) at 2, Janpath, was first reported on September 2 by dna, which has access to the diary.
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