Govt questions maintainability of Swaraj Abhiyan's PIL in SC

The Centre today questioned in the Supreme Court the maintainability of a petition filed by Swaraj Abhiyan and said that a "political protagonist" can't approach the court in the "guise of a public interest litigation to settle political scores".
A bench of Justices Dipak Misra and Amitava Roy agreed to first hear the issue of maintainability of the plea filed by Swaraj Abhiyan seeking an SIT probe into alleged irregularities in the purchase of an Agusta helicopter for VVIP use by the Chhattisgarh government.
Attorney General Mukul Rohatgi said Swaraj Abhiyan is an unregistered organisation and has applied to the Election Commission of India for registration as a political party called 'Swaraj India'.

"When an issue takes the colour of political nature or a political protagonist approaches the court in the guise of a public interest litigation to settle political scores, it loses the character of public interest litigation," he told the bench.
Rohatgi said persons behind Swaraj Abhiyan after the Supreme Court verdict in another PIL filed by the organisation with regard to relief to farmers in drought-hit areas of the country, had carried out a march from the apex court to Krishi Bhawan.
"The persons behind Swaraj Abhiyan are the same persons who have applied for registration as political party before Election Commission of India. They cannot approach the court under Article 32 to settle political scores and take political mileage," he said, noting that both these PILs should be dismissed as not maintainable.

Swaraj Abhiyan is led by former Aam Aadmi Party members -- psephologist Yogendra Yadav, advocate Prashant Bhushan and others.

Rohatgi said that if they have any grievance then can approach the court under different provisions or raise their concern at appropriate forums, but can't file a PIL.
The Attorney General said that another plea of a similar issue has been filed by T N Singhdeo who is the leader of opposition in the Chhattisgarh Assembly and a petition of the present nature at his instance is not maintainable.
Rohatgi contended that the Government of India has
cancelled all contracts with Agusta Westland after the allegations of irregularities surfaced.

He said even assuming that the petitioners have a locus standi in the case they cannot file the plea under Article 32 of the Constitution.
The bench posted the matter for further hearing to January 10, 2017.
The apex court had on September 23 asked the Centre to clarify its stand on the plea which also sought an SIT probe into foreign bank accounts purportedly linked to the son of Chief Minister Raman Singh.
The petition has sought an SIT probe into the purchase of a VIP chopper in 2007-08 by the state government.
"The actions of the Chhattisgarh government in issuing a pre-decided tender inviting bids for the purchase of specific model of a specific brand of helicopter for VIP movement shows a complete mala fide intention on the part of the respondents to subvert the tendering process and to make sure that a pre-decided seller would be given the contract," the plea said.

"The petitioner is also seeking an inquiry into the alleged offshore accounts of Abhishek Singh (son of Raman Singh, Chief Minister of Chhattisgarh) a few months after the alleged scam in the purchase of Agusta helicopter for VIP use," the plea, filed through advocate Prashant Bhushan, said.
It alleged that so far no genuine attempt has been made to investigate this deal.