<p>The Supreme Court on Monday issued notice to the central government, the CBI and Essar on a PIL seeking a court-monitored probe into the politician-bureaucrat-corporate nexus exposed in email leaks that showed a company allegedly granted gifts and favours to ministers and bureaucrats for promoting its business.<br /><br />A bench of Justice T.S. Thakur, Justice Kurian Joseph and Justice R. Banumathi issued notice on the plea by NGO Centre for Public Interest Litigation (CPIL) seeking a probe by a Special Investigation Team (SIT) or the Central Bureau of Investigation (CBI) into the nexus. Essar allegedly gave gifts and extended other favours to promote its business interests.<br /><br />The notice is returnable in six weeks.<br />The CPIL in its petition sought a court-monitored investigation by an SIT or the CBI into the "high level of political-bureaucratic-corporate nexus wherein corporates use their money power to change public policies, plant questions in parliament, get access to internal government documents/cabinet papers, grant favours to politicians and bureaucrats for receiving benefits in return, and plant stories in news media".</p>.<p><br />Before issuing the notice, the court enquired from CPIL counsel Prashant Bhushan about the source of his information.<br /><br />As Bhushan described the source as a whistleblower, the court asked him if he could disclose the source to the court in a sealed cover.<br /><br />Bhushan told the court that the whistleblower, a former Essar employee, was already being threatened and police had visited him without any reason.<br />Bhushan told the court that the whistleblower was receiving threats that his activities could have repercussions for his family.</p>.<p><br />"He (whistleblower) has already been threatened. I have told the lawyers of the company that if anything happens to him, I will hold a press conference and expose everything," Bhushan told the court.<br /><br />Asked if there was co-relation between the people who got the gifts and discharge of their duties, Bhushan said that was not required as under Section 11 of the Prevention of Corruption Act, 1988, a mere act of receiving favours was enough to attract punishment.<br /><br />Bhushan said Section 11 of the act says: "Whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, he shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine."<br /><br />He told the court that Sriprakash Jaiswal was the coal minister when he sought employment for the people recommended by him.<br />He said that as coal minister, Jaiswal gave coal blocks to Essar, which has multiple businesses like steel and oil.<br /><br />Referring to one of the emails, Bhushan said the corporate had earmarked 200 jobs to accommodate people recommended by the power centres.<br /><br />He said three out of 10 recommended by the power centre were accommodated by Essar.<br />The court enquired what would happen if they (those named) come forward and say that the emails were fabricated, to which Bhushan said that was why he made Essar a party and he was only asking for investigation.<br /><br />Comparing the leaks with the tapes of former corporate lobbyist Neera Radia, Bhushan said it was a sophisticated way of influence paddling.<br /></p>
<p>The Supreme Court on Monday issued notice to the central government, the CBI and Essar on a PIL seeking a court-monitored probe into the politician-bureaucrat-corporate nexus exposed in email leaks that showed a company allegedly granted gifts and favours to ministers and bureaucrats for promoting its business.<br /><br />A bench of Justice T.S. Thakur, Justice Kurian Joseph and Justice R. Banumathi issued notice on the plea by NGO Centre for Public Interest Litigation (CPIL) seeking a probe by a Special Investigation Team (SIT) or the Central Bureau of Investigation (CBI) into the nexus. Essar allegedly gave gifts and extended other favours to promote its business interests.<br /><br />The notice is returnable in six weeks.<br />The CPIL in its petition sought a court-monitored investigation by an SIT or the CBI into the "high level of political-bureaucratic-corporate nexus wherein corporates use their money power to change public policies, plant questions in parliament, get access to internal government documents/cabinet papers, grant favours to politicians and bureaucrats for receiving benefits in return, and plant stories in news media".</p>.<p><br />Before issuing the notice, the court enquired from CPIL counsel Prashant Bhushan about the source of his information.<br /><br />As Bhushan described the source as a whistleblower, the court asked him if he could disclose the source to the court in a sealed cover.<br /><br />Bhushan told the court that the whistleblower, a former Essar employee, was already being threatened and police had visited him without any reason.<br />Bhushan told the court that the whistleblower was receiving threats that his activities could have repercussions for his family.</p>.<p><br />"He (whistleblower) has already been threatened. I have told the lawyers of the company that if anything happens to him, I will hold a press conference and expose everything," Bhushan told the court.<br /><br />Asked if there was co-relation between the people who got the gifts and discharge of their duties, Bhushan said that was not required as under Section 11 of the Prevention of Corruption Act, 1988, a mere act of receiving favours was enough to attract punishment.<br /><br />Bhushan said Section 11 of the act says: "Whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, he shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine."<br /><br />He told the court that Sriprakash Jaiswal was the coal minister when he sought employment for the people recommended by him.<br />He said that as coal minister, Jaiswal gave coal blocks to Essar, which has multiple businesses like steel and oil.<br /><br />Referring to one of the emails, Bhushan said the corporate had earmarked 200 jobs to accommodate people recommended by the power centres.<br /><br />He said three out of 10 recommended by the power centre were accommodated by Essar.<br />The court enquired what would happen if they (those named) come forward and say that the emails were fabricated, to which Bhushan said that was why he made Essar a party and he was only asking for investigation.<br /><br />Comparing the leaks with the tapes of former corporate lobbyist Neera Radia, Bhushan said it was a sophisticated way of influence paddling.<br /></p>