Kapil Sibal should recuse himself from Minstry of Comm & IT: – Dr. Swamy writes to PM

published on December 24, 2010

December 24, 2010
Dr. Manmohan Singh,
Prime Minister of India,
New Delhi.

Dear Prime Minister:

            In continuation of my last letter dated 22nd November, 2010 (regarding  Mr.Sibal favouring a Chinese company for a radar purchase) on the conflict of interest afflicting the appointment of Mr. Kapil  as  Minister in charge  of Communication  and Information Technology (MCIT), I enclose herein three Supreme Court cases wherein Mr. Sibal as legal counsel has represented the Reliance and the terrorist  and proclaimed offender  Dawood Ibrahim.

            It is a strict convention in jurisprudence that if an advocate represent a client, then he should not sit in judgment over a case in another matter of the same client.  

Reliance is an interested party in the 2G Spectrum scam, where there is an ongoing CBI investigation, a criminal complaint pending, and a demand to cancel the licences awarded to Reliance Communications and its front companies.
 
Dawood Ibrahim’s interest are involved in 2G Spectrum matter because of the Home Ministry objections to Shahid Balwas of Dynamix Balwas (DB) which company is now a part of Etisalat DB.

            Moreover, Mr. Sibal’s two sons as advocates are representing Telecom companies which have received the ill-gotten 2G Spectrum licences. 

By the Supreme Court judgment in Subramanian Swamy vs. Election Commission regarding Mr. T.N. Seshan, even a relative’s connection calls for a person sitting in judgment recusing himself from the case.  

Hence Mr. Sibal must recuse himself from the MCIT otherwise there will be another scandal on your lap.  Despite my highest regards for your integrity and knowing the situation you are in, I shall have to move the courts if you do not take a decision in this matter by January 1st, 2011.

 Yours sincerely,
 ( SUBRAMANIAN  SWAMY )

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