SC reserves order on plea against its SIT to probe black money

Centre pleads for recall of SC's July 4 order appointing an SIT to probe black money issue

PTI | September 1, 2011



Supreme Court on Thursday reserved its orders on the maintainability of the Centre's plea for recall of its July 4 order appointing an SIT to probe the black money issue.

A bench of justices Altamas Kabir and S S Nijjar said it would pass appropriate orders on the maintainability plea on September 20.

Earlier, resuming the arguments, senior counsel Anil Divan, appearing for the petitioners Ram Jethmalani and others, said the Centre's plea should be dismissed as the recall application "is, in fact, an appeal on merits, disguised as an application for modification and is an abuse of the process to defeat the public interest".

Divan submitted that the order constituting the SIT was passed by the apex court after hearing detailed arguments for several days.

Citing the apex court's earlier directions on forming SITs in cases relating to post-Godhra riots and CBI investigations in various matters, Divan argued that appointment of the two Supreme Court judges to head the SIT would only lend credibility to the probe.

The counsel submitted that the Centre cannot oppose it as it did not violate its fundamental rights and the principle of natural justice was observed by hearing the government before passing the impugned order.

Attorney general G E Vahanvati, in his brief intervention, said the order ought to be recalled as the Centre was proceeding in the right direction in unearthing the black money allegedly stashed away in foreign tax havens.

Centre had earlier told the bench that the SIT set up by the apex court to probe and unearth black money needs to be scrapped as the investigating agency cannot function like a "super power."

Vahanvati had said the government had "very serious" reservations on the court's directions which had also cast aspersions on sincerity of the Government in tackling the black money menace.

Divan had sought dismissal of the Centre's application and had said the apex court had rightly constituted the SIT as even the Centre had at that time admitted that the investigations were not proceeding in the right direction.

The bench had pointed out that the SIT was initially constituted by the Centre and the apex court had merely incorporated the names of retired SC judges, justices B P Jeevan Reddy and M B Shah.

Government, in its application, had also raised objections to the apex court remarks criticising the Cenrte's handling of black money cases.

The court had made the critical observations while appointing its former judges - justices Reddy and Shah, as chairman and vice-chairman of the 13-member SIT into which the director of Research and Analysis Wing (RAW) too had been inducted.

Centre, in its application for recall of the Court's July 4 order had contended that the SIT was formed without being prayed for and has questioned the Court remarks that investigations into the issue of black money stashed abroad was moving at a "laggardly pace".

The bench had in its order said the money stashed away reveal the degree of "softness of the State".

Comments

 

Other News

AI: Code, Control, Conquer

India today stands at a critical juncture in the area of artificial intelligence. While the country is among the fastest adopters of AI in the world, it remains heavily reliant on technologies developed elsewhere. This paradox, experts warn, cannot persist if India seeks technological sovereignty.

RBI pauses to assess inflation risks, policy transmission

The Reserve Bank of India (RBI) has begun the new fiscal year with a calibrated pause, keeping the repo rate unchanged at 5.25 per cent in its April Monetary Policy Committee (MPC) meeting. The decision, taken unanimously, reflects a shift from aggressive policy action to cautious observation after a signi

New pathways for tourism growth

Traditionally, India’s tourism policy has been based on three main components: the number of visitors, building tourist attractions and providing facilities for tourists. Due to the increase in climate-related issues and environmental destruction that occurred over previous years, policymakers have b

Is the US a superpower anymore?

On April 8, hours after warning that “a whole civilisation will die tonight,” US president Donald Trump, exhibiting his unique style of retreating from high-voltage brinkmanship, announced that he agreed to a two-week ceasefire with Iran. The weekend talks in Islamabad have failed and the futur

Machines communicate, humans connect

There is a moment every event professional knows—the kind that arrives without warning, usually an hour before the curtain rises. Months of meticulous planning are in place. And then comes the call: “We’ll also need a projector. For the slides.”   No email

Why India is entering a ‘stagflation lite’ phase

India’s macroeconomic narrative is quietly shifting—from a rare “Goldilocks” equilibrium of stable growth and contained inflation to a more fragile phase where external shocks are beginning to dominate domestic policy outcomes. The numbers still look reassuring at first glance: GDP


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter