PATNA, July 1: While Joginder Singh handed over charge to newly appointed Central Bureau of Investigation (CBI) director R C Sharma in New Delhi before proceeding on a month's leave, the BJP today filed a contempt petition in the Patna High Court against Prime Minister I K Gujral, accusing him of transferring Singh under pressure from Bihar Chief Minister Laloo Prasad Yadav in total disregard of Supreme Court orders.

BJP general secretary Saryu Rai, who filed the petition, urged the court to also initiate contempt proceedings against the Union Home Secretary and Personnel Secretary, besides all others responsible for the removal of Singh.

The petition has requested the division bench of Justices S N Jha and S J Mukhopadhyay to restrain R C Sharma from discharging his duties and to set aside Singh's transfer order.

The petition charges Sharma of making statements contrary to the orders of the Supreme Court in the fodder scam. Soon after his appointment, Sharma in an interview to a private TV channel had reportedly said that there should be no arrests of bureaucrats and politicians in the scam.

Ravi Shankar Prasad, counsel for the petitioner, said this went against the orders of the Apex Court as well the High Court and was aimed at influencing the investigations.

Prasad said the way Singh was transferred on June 30, and replaced by Sharma, who has already retired and is on extension in the agency, is a clear case of contempt of court.

Prasad pointed out that the the Supreme Court had given instructions that the the CBI director should continue to remain the person ultimately responsible for the conduct of investigations.

Prasad said at no stage was Sharma involved in the investigation, hence he must explain the reason for making statements on the issue.

He claimed that the statement was issued following instructions from some other parties.

Stating that during the last two months, Laloo had talked to Sharma on more than 30 occasions, the petitioner demanded an impartial inquiry into the conversations.

Rai said the transfer had taken place on the day the Joint Director was to obtain the concurrence of the Director for filing an affidavit on the threats to the CBI officials by Laloo's supporters.

BJP chief L K Advani has decided to launch an agitation on the issue in consultation with the Samata Party, Rai said, accusing Gujral of having won the Rajya Sabha election from Bihar ``illegally''.

Speaking to The Indian Express, he said that it was the general practice of the CBI to arrest those accused in corruption charges only if there was a possibility of their absconding or when their arrest was necessary to the ongoing investigation.

Official sources insist that the change of guard in the CBI would not affect any of the politically-sensitive cases, including the fodder scam involving Bihar Chief Minister Laloo Prasad Yadav, the Bofors and the Hawala scandal, being handled by the investigating agency.

The sources said that in any case, the Central Bureau of Investugation under the stewardship of Joginder Singh had completed its investigations in most of these politically-sensitive cases except the Indian Bank scam. In majority of these cases, the matter was with the courts and the CBI had more or less done its part.

The Communist Party of India (Marxist) has protested today against the replacement of Joginder Singh as CBI  saying it was a deliberate attempt at covering up the cases involving many prominent persons in high places.

In a statement here, the Communist Party of India (Marxist) politburo said that the Central Bureau of Investigation director had been removed when the agency was engaged in several cases including the fodder scam which involved many former ministers.

His replacement had tarnished the image of the United Front Government and its political opponents would take advantage of the hurried action against the former CBI vetting. According to sources, the CBI has requested the division bench to issue an order to the State government to ensure the protection of the CBI sleuths.

The affidavit mentions that the CBI could not carry out the instructions of the High Court of arresting the accused in the fodder scam due to threats from the political parties. The amicus curiae in the Jain hawala case, Anil Divan had written to CBI counsel, P Parmeshwaran advising him that status quo be maintained on CBI officers investigating major scams while the Supreme Court is on vacation.

``You are aware that the director of CBI has to remain presonally present at all hearings and has been directed to be overall incharge and personally supervise these case (Vineet Narain Jain hawala case, Chandrawami case and the Indian Bank scam) and the entire investigations,'' Divan had said in a letter dated May 17, 1997.

The letter was a response to press reports relating to reshuffle, and transfer of personnel of various investigative agencies and stressed that the SC bench has repeatedly observed that continuity be maintained in investigations. to run it down.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.