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DELHI: The Supreme Court today refused to stay an inquiry ordered by the Delhi
High Court into alleged financial and administrative irregularities in the functioning
of the public broadcaster Prasar Bharati, even as it felt there was no need for
an outside observer to be present in the meetings of the Board.
The apex
court asked Prashant Bhushan, counsel for the respondent, ''How can a Court appoint
an observer to oversee the board meeting of a statutory body?''
Making
the order on a petition by Prasar Bharati Chief Executive Officer BS Lalli challenging
a High Court order, a three-judge bench comprising Chief Justice KG Balakrishnan,
Justice P Sathasivam, and Justice BS Chauhan asked the Information and Broadcasting
Ministry and Prasar Bharati to show cause why the petition should not be admitted.
The apex Court restored the powers of Lalli by staying till further orders
the High Court directions that the day-to-day functioning of the Public broadcaster
will be carried out jointly by Lalli, Member (Finance) and Member (Personnel).
It said the board will act in accordance with the provisions of Prasar Bharati
Act.
Lalli had moved the apex Court against a directive of the Delhi High Court on
27 July for a CVC probe. The order had come during the hearing of the public interest
lawsuit by the Centre for Public Interest Litigation (CPIL) challenging his extension
and for his alleged refusal of internal audit of the pubcaster’s finances,
though it had awarded several bids worth billions of rupees in the run-up to the
2010 Commonwealth Games.
Senior counsel KK Venugopal, appearing for
the petitioner, contended that I&B Ministry was opposed to the presence of
an observer in the Board meeting of Prasar Bharati.
Bhushan,
who had heated exchanges with the Chief Justice, submitted that the Board has
been acting in violation of the Prasar Bharati Act at the instance of the CEO. Bhushan
also told the Chief Justice that if a Court is accountable to the people it cannot
pass an order without hearing the respondent. Venugopal,
however, protested when Bhushan raised his voice as he wanted to be heard before
the court issued the notices.
The
CJI reacted angrily and told Bhushan, " We are not afraid of you. We are
showing consideration only because you are a senior counsel and you have raised
your voice earlier also." The
hearing had led to an expose of the strained relations between Lalli and members
of the Board. A bench of Justice BN Agrawal and Justice GS Singhvi had listed
the case for hearing on 24 August.
A
Board meeting held last week was videotaped according to the orders of High Court
and held in the presence of a retired judge of the High Court.
Also
Read:
Doordarshan:
Supreme Court declines stay of CVC probe
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