ID :
165680
Thu, 03/03/2011 - 19:40
Auther :
Shortlink :
https://oananews.org//node/165680
The shortlink copeid
SC slams Govt for failing to act against black money
New Delhi, Mar 3 (PTI) Lambasting the Centre for not
having the "will power" to act against black money hoarders,
the Supreme Court of India on Thursday asked why stud farm
owner Hasan Ali Khan and others were not subjected to
custodial interrogation despite the probe agencies possessing
sufficient material.
"What the hell is going on in this country," the court
asked, while virtually snubbing Solicitor General Gopal
Subramanium when he tried to make certain submissions. The
court also said the alleged offenders were a "pampered lot".
Expressing strong displeasure at the manner in which
Khan and other alleged offenders were given repeated
opportunities for adjournments by the Enforcement Directorate,
the bench said the authorities were "hoodwinking" everybody
and wondered whether the same leniency would have been
extended to other petty offenders.
The court also ordered that three key Enforcement
Directorate (ED) officials allegedly transferred midway into
the probe in a case of alleged foreign exchange violation by
Hasan Ali Khan, the Pune-based businessman, be reinstated
forthwith.
A bench of justices B Sudershan Reddy and S S Nijjar
also indicated that if the government fails to act, it would
be compelled to appoint a special officer for supervising the
probe against the offenders.
The bench granted time till Tuesday to the Centre to
file its response failing which it said the court would be
constrained to pass necessary orders.
Subramanium's repeated efforts to convince the court
about the goverment's efforts to take action against the
offenders proved futile as the bench repeatedly queried
him as to why no custodial interrogation had so far taken
place.
Khan, who is alleged to have stashed around USD 8
billion in foreign banks, had been earlier served a notice for
a tax demand for about Rs 50,000 crore in 2009.
"There are instances when minor offenders are shot
down for violating Section 144 CrPC (unlawful assembly), but
you don't take any action against these people. We are very
sorry. All these people are now free," the bench remarked
voicing its dismay.
The apex court on February 10, while hearing a Public
Interest Litigation (PIL) by noted lawyer Ram Jethmalani and
some former bureaucrats for recovery of black money stashed by
Indians had asked the government to ensure that Khan does not
leave the country.
The court gave vent to its fury after senior counsel
Anil Divan appearing for Jethmalani submitted that the ED was
not taking steps to interrogate Khan and others, but was
instead giving them repeated adjournments.
"This manner they are hoodwinking everyone and giving
various reasons. Would you give the same facilitiy to accused
in lesser criminal cases? the bench asked adding "What the
hell is going on this country.
Solicitor General then said "I am concerned and have
my own dismay."
The bench then shot back " We understand your problem.
We know where you are standing from there you cannot do much."
Subramanium then said there would be an effective
investigation, which will be fair, impartial and thorough.
But the bench was unrelenting and insisted for a
straight reply.
"Why not custodial interrogation. That is the simple
question. You are aware of it (complaint). What is going on?
Why should we permit you. You are a mighty sovereign. That is
the minimum moral responsibility you can discharge," the bench
observed when the Solicitor General sought permission to place
certain material in the court.
The bench then repeated the question, "We would like
you to give answers. But why not custodial interrogation. Why
don't you subject those people to custodial interrogation. We
don't want to name them. We know them, you have it (relevant
materials) before you, it is before them (petitioner)."
"Who is preventing them. We want to know whether they
act in the same manner in which they act in ordinary crimes.
They are a pampered lot(accused)."
"It is a solemn proceedings. We do not want to make
observations. But you should have the will power to act,"
the bench said.
The solicitor general then said he would convey a
clear message to the government in this regard.
Indicating that it meant business, the bench
said,"Why those people can't be subject to custodial
interrogation. Please talk to them (in the Government).
Whomsoever, you want to talk to please talk to them as what is
preventing them. We will come to their aid if something is
coming in their way. Matter is very serious it can't be
delayed."
To this the Solicitor General claimed, "I myself have
been spending uneasy hours," (in dealing with the case).
Earlier, senior counsel Anil Divan said three officers
including one Ashok Desai investigating the blackmoney case,
have been transferred to shield the offenders.
To this the court said,"Mr Solicitor, please look into
it. We will pass order. No question of further directions. You
restore the investigating officers to the same post from where
they were relieved."
The apex court also brushed aside Subramanium's plea
that names of the offenders could not be made public as they
were confidential.
"Mr Solicitor now everything is in public domain. Is
there anything left more? What is the confidentiality," the
bench asked.
Divan complained that the government though in receipt
of sufficient materials wants to proceed against the offender
under the Double Taxation Avoidance Agreement (DTAA) instead
of the criminality involved in the case.
Moreover, he said the so-called DTAA was only for
implementation with prospective effect and a deliberate
attempt was being made to ensure that the past was not probed.
To this the court commented, "There are many turns and
twists in this case"
The court then granted the Government time till
Tuesday to come out with its stand failing which it would be
constrained to pass appropriate orders.
"Depending upon what stand you take we will pass an
order. We will be very happy not to pass any such order.
The mighty sovereign country does not need our permission,"
the court observed when the solicitor general sought
permission to file certain documents in the court. PTI RB
having the "will power" to act against black money hoarders,
the Supreme Court of India on Thursday asked why stud farm
owner Hasan Ali Khan and others were not subjected to
custodial interrogation despite the probe agencies possessing
sufficient material.
"What the hell is going on in this country," the court
asked, while virtually snubbing Solicitor General Gopal
Subramanium when he tried to make certain submissions. The
court also said the alleged offenders were a "pampered lot".
Expressing strong displeasure at the manner in which
Khan and other alleged offenders were given repeated
opportunities for adjournments by the Enforcement Directorate,
the bench said the authorities were "hoodwinking" everybody
and wondered whether the same leniency would have been
extended to other petty offenders.
The court also ordered that three key Enforcement
Directorate (ED) officials allegedly transferred midway into
the probe in a case of alleged foreign exchange violation by
Hasan Ali Khan, the Pune-based businessman, be reinstated
forthwith.
A bench of justices B Sudershan Reddy and S S Nijjar
also indicated that if the government fails to act, it would
be compelled to appoint a special officer for supervising the
probe against the offenders.
The bench granted time till Tuesday to the Centre to
file its response failing which it said the court would be
constrained to pass necessary orders.
Subramanium's repeated efforts to convince the court
about the goverment's efforts to take action against the
offenders proved futile as the bench repeatedly queried
him as to why no custodial interrogation had so far taken
place.
Khan, who is alleged to have stashed around USD 8
billion in foreign banks, had been earlier served a notice for
a tax demand for about Rs 50,000 crore in 2009.
"There are instances when minor offenders are shot
down for violating Section 144 CrPC (unlawful assembly), but
you don't take any action against these people. We are very
sorry. All these people are now free," the bench remarked
voicing its dismay.
The apex court on February 10, while hearing a Public
Interest Litigation (PIL) by noted lawyer Ram Jethmalani and
some former bureaucrats for recovery of black money stashed by
Indians had asked the government to ensure that Khan does not
leave the country.
The court gave vent to its fury after senior counsel
Anil Divan appearing for Jethmalani submitted that the ED was
not taking steps to interrogate Khan and others, but was
instead giving them repeated adjournments.
"This manner they are hoodwinking everyone and giving
various reasons. Would you give the same facilitiy to accused
in lesser criminal cases? the bench asked adding "What the
hell is going on this country.
Solicitor General then said "I am concerned and have
my own dismay."
The bench then shot back " We understand your problem.
We know where you are standing from there you cannot do much."
Subramanium then said there would be an effective
investigation, which will be fair, impartial and thorough.
But the bench was unrelenting and insisted for a
straight reply.
"Why not custodial interrogation. That is the simple
question. You are aware of it (complaint). What is going on?
Why should we permit you. You are a mighty sovereign. That is
the minimum moral responsibility you can discharge," the bench
observed when the Solicitor General sought permission to place
certain material in the court.
The bench then repeated the question, "We would like
you to give answers. But why not custodial interrogation. Why
don't you subject those people to custodial interrogation. We
don't want to name them. We know them, you have it (relevant
materials) before you, it is before them (petitioner)."
"Who is preventing them. We want to know whether they
act in the same manner in which they act in ordinary crimes.
They are a pampered lot(accused)."
"It is a solemn proceedings. We do not want to make
observations. But you should have the will power to act,"
the bench said.
The solicitor general then said he would convey a
clear message to the government in this regard.
Indicating that it meant business, the bench
said,"Why those people can't be subject to custodial
interrogation. Please talk to them (in the Government).
Whomsoever, you want to talk to please talk to them as what is
preventing them. We will come to their aid if something is
coming in their way. Matter is very serious it can't be
delayed."
To this the Solicitor General claimed, "I myself have
been spending uneasy hours," (in dealing with the case).
Earlier, senior counsel Anil Divan said three officers
including one Ashok Desai investigating the blackmoney case,
have been transferred to shield the offenders.
To this the court said,"Mr Solicitor, please look into
it. We will pass order. No question of further directions. You
restore the investigating officers to the same post from where
they were relieved."
The apex court also brushed aside Subramanium's plea
that names of the offenders could not be made public as they
were confidential.
"Mr Solicitor now everything is in public domain. Is
there anything left more? What is the confidentiality," the
bench asked.
Divan complained that the government though in receipt
of sufficient materials wants to proceed against the offender
under the Double Taxation Avoidance Agreement (DTAA) instead
of the criminality involved in the case.
Moreover, he said the so-called DTAA was only for
implementation with prospective effect and a deliberate
attempt was being made to ensure that the past was not probed.
To this the court commented, "There are many turns and
twists in this case"
The court then granted the Government time till
Tuesday to come out with its stand failing which it would be
constrained to pass appropriate orders.
"Depending upon what stand you take we will pass an
order. We will be very happy not to pass any such order.
The mighty sovereign country does not need our permission,"
the court observed when the solicitor general sought
permission to file certain documents in the court. PTI RB
