Arvind Kejriwal alleges phone taps on judges, govt says ‘rubbish’

Creating ripples as he shared the dais with Prime Minister Narendra Modi, Delhi chief minister Arvind Kejriwal on Monday made a stunning allegation, saying there was a “widespread” fear that the phones of judges of the Supreme Court and high courts were being tapped. Union law minister Ravi Shankar Prasad, who was also present at the golden jubilee celebrations of the Delhi high court, strongly denied this, saying that the independence of the judiciary was fundamental and uncompromising for the Narendra Modi government.

Hours later, the Union government issued a formal statement strongly denying allegations that the telephones of some judges were being tapped, saying all such reports were “baseless and unfounded”. “The Ministry of Home Affairs strongly denies media reports alleging tapping of telephones of some judges. There is no truth in these reports. These ... are baseless and unfounded,” MHA spokesman Kuldeep Singh Dhatwalia said.

With the PM, Delhi lieutenant-governor Najeeb Jung and Chief Justice of India T.S. Thakur among others seated on the dais, Mr Kejriwal, who spoke first, focused most of his 10-minute speech on the subject of phone tapping. He also questioned the Centre’s delay in implementing the Supreme Court collegium’s recommendations on filling up vacancies in the courts.

Mr Kejriwal said in his conversation with some judges he had “heard” two judges telling each other not to talk over the phone “because the phones are being tapped”. “When I said this cannot happen, they said from the Supreme Court to high courts and district courts, all the judges’ phones are being tapped,” said the CM, who has attacked the Centre, specially the Prime Minister, on a number of occasions for allegedly trying to clip the wings of his government.

“I don’t know if this (phone-tapping) is true, but if it is true, this is very dangerous. In such a scenario all judges can be influenced. Even if a judge has indulged in any wrongdoing, that doesn’t justify phone-tapping. Other means can be used to gather evidence against them,” said Mr Kejriwal, leading to loud murmurs in the audience.

“Independence of the judiciary is paramount. If true, this phone-tapping will be the biggest assault on independence of the judiciary,” he said.

On the alleged delay in filling up judicial vacancies, he said the delay was “giving rise to rumours”. “There are rumours that only because certain minister’s (preferred) men will not be given the opportunity, the Centre is not implementing the recommendations — and similar such rumours. Such rumours are dangerous for democracy.”

“Even 0.01 per cent of executive interference is not good for the judiciary. As the executive is very, very powerful, an independent judiciary is paramount for keeping checks and balances,” Mr Kejriwal said, seeking a law to ensure implementation of the collegium’s recommendations within 48 hours after being sent to the Centre, as well as codifying relations between the executive and judiciary.

Law minister Ravi Shankar Prasad categorically denied Mr Kejriwal’s claims on phone-tapping, and asserted that the Modi government was committed to the independence of the judiciary. “I don’t want to join issue today, but I have to put the record straight. I’ve been communications minister for more than two years, and wish to deny with all command and authority that the phones of judges were tapped,” Mr Prasad said.

Taking on Mr Kejriwal, Mr Prasad said independence of the judiciary was “unimpeachable and uncompromisable”. He added: “Right from Prime Minister Modi to other ministers like Arun Jaitley, Sushma Swaraj and myself, we have fought against the Emergency for upholding three freedoms — of the individual, the media and the judiciary.

“So as law minister let me categorically declare the Modi government’s commitment to the independence of the judiciary. It is absolute and complete. The independence of the judiciary is unimpeachable and uncompromisable,” Mr Prasad added.

Mr Modi, who spoke last, stressed the need to reduce the backlog of cases pending before the judiciary. He also emphasised the need to rope in best talents while drafting Indian laws and said it could be the biggest service to the country’s judiciary.

The PM also called for the inclusion of people from the lower strata of society into the judiciary. As the (Central) government was the biggest litigant in the country, he said he had urged everyone in the government not to enter into any unnecessary litigation.