By IANS
New Delhi : Terming as “very unfortunate” the removal of P. Venugopal as AIIMS director, the Supreme Court Monday, however, refused to restore his services and questioned the rationality of a law that made way for his ouster, observing scathingly, “Can a law be passed to target a single individual?”
A bench of Justice Tarun Chatterjee and Justice Dalveer Bhandari refrained from providing any legal relief to the 66-year-old Venugopal, thereby avoiding the possibility of another confrontation between the judiciary and the legislature.
However, the apex court’s observations on the controversial law fixing the retirement age of the All India Institute of Medical Sciences (AIIMS) director at 65 were quite critical.
“It is very unfortunate that this (removal of Venugopal) has taken place… We are with Dr. Venugopal on the facts of the case,” said the bench, while maintaining, “It is, however, finding it difficult to suspend the law (to restore his services)”.
“Can a law be passed to target a single individual? Why such a reputed person is being humiliated in this way,” the bench asked Additional Solicitor General Gopal Subramanian at one point, while grilling him over the legality of the law.
“Was there any necessity of bringing the amendment at this stage?” the bench asked.
Venugopal had challenged the amendments in the law on AIIMS, which President Pratibha Patil approved Friday. The same evening, the health ministry removed the eminent cardiologist, who as AIIMS director was involved in a turf war with Health Minister Ambumani Ramadoss, as director and appointed T.D. Dogra in his place. Venugopal has been associated with AIIMS for 42 years.
The law – the All India Institute of Medical Sciences, New Delhi, and Post Graduate Institute for Medical Education and Research, Chandigarh (Amendment) Act, 2007 – limits the tenure of the directors of the two institutes to a maximum of five years or till they reach the retirement age of 65, whichever is earlier.
According to the provisions of the original law passed in 1956, AIIMS directors are appointed for a fixed tenure of five years, irrespective of their age. Venugopal was named director in July 2003 at the age of 62 and was due to retire in July 2008 at the age of 67.
While refusing to grant any reprieve to Venugopal, the Supreme Court bench, however, restrained the government from tinkering with the tenure of the newly appointed AIIMS director, who too does not happen to be on the best of terms with Ramadoss.
The bench restrained the government from acting against the new director on the apprehension of Venugopal’s counsel Fali S. Nariman and Arun Jaitley, who told the court that even Dogra had been suspended by this government last October but was reinstated later on the orders of the Delhi High Court.
While refusing to suspend the amendments, the bench agreed with Additional Solicitor General Gopal Subramanian’s contention that “a parliamentary law cannot be rendered illegal on the grounds of malafide” of the government.
“The allegations of malafide (by the government) in passing the law cannot be transferred to parliament,” contended Subramanian.
Subramanian told the court that the government had enacted the law as per a Delhi High Court ruling last October, which asked the government to enact a proper law governing the tenure of the AIIMS director, save it from the prospects of litigations, and enhance its prestige.
At this, Nariman contended that the high court ruling had been challenged by the government itself before the apex court.
He contended that by enacting the law, the government has encroached upon the domain of the judiciary, ignoring the principle of separation of powers in the parliamentary democracy.
Making a fervent plea to suspend the law, Supreme Court lawyer Arun Jaitley, appearing for Venugopal, pointed out to the court that this law would be applicable to only one person, namely Venugopal.
On the plea by Venugopal and Faculty Association of AIIMS (FAIMS), the bench issued notices to the government and Ramadoss with a direction to file their replies within two weeks.