NGO Centre for Public Interest Litigation (CPIL) has filed a petition in the Supreme Court regarding the #EssarLeaks through their counsel Prashant Bhushan.

A ‘whistle-blower’ had revealed internal emails from the Essar Group that hint at the nexus between politicians and business, according to a report in the Indian Express.

CPIL’s plea wants the Supreme Court to intervene in the case.

The petition seeks:

1. A thorough court-monitored investigation by SIT or the CBI into the high level of political-bureaucratic-corporate nexus wherein corporates like Essar 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.

 2. SC to direct Union of India to cancel the privileges like subsidized land, newsprint, houses etc. that have been extended to media organisations and journalists who are indulging in paid news, or publishing news reports to favour corporates, or who are taking favours from corporates, after a suitable inquiry is carried out by an independent committee into the issues and instances raised in this petition.

 3. Framing guidelines regarding: 

a) the phenomenon of corporate gifts and favours being bestowed on public servants or on those who can exercise influence over public servants, 

b) access, meetings and interviews with the ministers & bureaucracy and the representatives/employees of commercial interests including consultants, facilitators, middlemen and lobbyists, and 

c) the issue of paid news/stories planted in the media through journalists who are conferred various favours by corporate houses.

Read the relevant portion of the petition:

This petition seeks 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. The basis of this petition is internal emails and documents from Essar Group of Companies which is one of India’s leading business conglomerate having multi-billion dollar investments in oil, steel, energy, ports, shipping, infrastructure and services sectors in India. This information is being placed before the Hon’ble Court by the petitioner’s society for its kind consideration and appropriate directions.

This Hon’ble Court has on the issue of corruption developed public law and framed guidelines in the past e.g. Vineet Narain vs. UOI – Jain Hawala Case (1998) 1 SCC 226; in the CVC case (CPIL vs. UOI (2011) 4 SCC 1) the doctrine of institutional integrity was enunciated [(2011) 4 SCC : CPIL vs. UOI)  and the CVC appointment was quashed on the facts of the case; the 2G Spectrum scam case (CPIL vs. UOI (2012) 3 SCC 1) as explained in the Presidential Reference Case by five judges (2012) 10 SCC 1 where norms have been laid down in connection with the grant and transfer of natural assets belonging to the nation and in what cases open auction and bidding are to be adopted. Similarly while quashing Coal allocations in Manohar Lal Sharma vs. Principal Secretary (2014) 9 SCC 516 this Hon’ble court has formulated applicable constitutional principles. The petitioner society is seeking similar intervention in the instant case.

The internal emails and documents from one of India’s biggest business group reveal how in violation of the Constitution and the laws of the land,  major corporates like Essar manage to influence the political executive, the bureaucracy, the police and the media, in order to serve its business interests rather than public interest which they are legally obligated to uphold. The emails show how Essar attempts to bribe by bestowing favours on Ministers, top politicians, top bureaucrats and police officers in violation of various sections of the Prevention of Corruption Act 1988. These favours are in the form of expensive gifts and jobs to the persons they recommend.

The entire matter is crying out for a thorough court-monitored investigation by an SIT or CBI since the same is necessary to uphold democracy, the rule of law and rights of the citizens under Articles 14 and 21 of the Constitution of India. The prevailing corruption in the country in high places seriously impairs the right of the people of this country to live in a corruption free society governed by rule of law. This is a violation of Article 14 and 21 of the Constitution. The right to life guaranteed to the people of this country also includes in its fold the right to live in a society, which is free from crime and corruption.

The conduct of the journalists and media companies in taking favours from corporates and in carrying out planted stories is in violation of journalistic norms and ethics. The Government of India is obligated to withdraw the privileges like subsidized land, newsprint, houses etc. that have been extended to media organisations and journalists who are indulging in paid news, or publishing news reports to favour corporates, or who are taking favours from corporate.

The instant case has several similarities with the Radia tape case (WPC 16 of 2011) which showed Many illegalities and corrupt activities that have been exposed include appointment & functioning of regulators for extraneous considerations, appointments of ministers, various contracts, corruptly influencing various decisions of public authorities and ultimately this Hon’ble Court was pleased to direct a court-monitored investigation vide its detailed order dated 17.10.2013. The petitioner society respectfully submits that similar orders would need to be passed in the instant petition.