ID :
180038
Wed, 05/04/2011 - 22:47
Auther :
Shortlink :
https://oananews.org//node/180038
The shortlink copeid
SC wants former judge to monitor black money probe
New Delhi, May 4 (PTI) Pulling up the Centre over its
tardy pace in dealing with the "colossal" problem of black
money, the Indian apex court on Wednesday wanted a former
judge to monitor action of government agencies on the issue
but this was resisted by the Government.
"We do not visualise the problem going away in
months. Look at the dimension of the problem. It is colossal
and the biggest problem of the country after independence," a
bench of justices B Sudarshan Reddy and S S Nijjar said while
reserving its order on constituting Special Investigation Team
(SIT) to deal with the issue.
During the hearing, the Centre vehemently opposed the
idea of setting up of SIT or appointment of retired Supreme
Court judge to monitor the functioning of a 10-member high
power committee of top officers from CBI, ED,IB and other
departments, to deal with the black money cases.
"It is not in the public interest to appoint the SIT
as it would hamper the ongoing investigation in the case. I
have objection on the issue. They (government agencies) do not
need any interventionist to be fast and speedy in dealing with
the problem," Solicitor General Gopal Subramainum said.
The bench, however, pointed out that agencies approach
has so far been tardy as nothing substantial has been done so
far in such cases.
"Where is the speed in the case. Case was registered
against an individual in 2007 but the custodial interrogation
was done only in 2011 after the court's intervention. What
speed you are talking about. We don't want to make comments on
this. Even Letters Rogatory was issued after constant query
from the court," the bench observed.
"I find it difficult to understand what is wrong if
some eminent retired judge of this court will monitor the work
of the committee. It can only enhance efficiency of the team,"
the bench further said while reserving its order on a plea
seeking directions to the government to make public the names
of persons who have kept black money in the Liechtenstein
Bank.
Subramainum informed the court that the 10-member
committee consisting of Revenue Secretary, RBI's Deputy
Director, Directors of CBI, Intelligence Bureau (IB),
Enforcement Directorate, Chairman of CBDT, Director General of
Revenue Intelligence, chief of Narcotics Control, Director of
Foreign Intelligence Office (FIO) and Joint Secretary of
Foreign Trade has already been appointed.
The court was hearing a petition filed by noted lawyer
Ram Jethmalani and some former bureaucrats seeking the its
direction to the government to bring back black money stashed
by Indian nationals in foreign banks, which is said to be to
the tune of 1 trillion US dollars.
Besides Jethmalani, five others, including former
Punjab DGP K P S Gill and former Secretary General of Lok
Sabha Subhash Kashyap who are petitioners, have alleged that
the government was not taking action to bring back black
money stashed in foreign banks.
NGO People's Political Front and former top cop Julio
F Riberio are also among the petitioners.
The bench had earlier favoured setting up of a SIT,
saying the issue is "wider" and had asked the Centre to come
up with its possible composition.
It had asked the government to make its stand clear on
setting up the SIT comprising officers from different
departments including the Enforcement Directorate, the CBI and
the IT to look into it.
The court had also expressed displeasure over the
government's reluctance in disclosing the names of Indians
having black money in foreign banks.
"What is the difficulty in disclosing the information,"
the bench had asked, when Subramanium told the bench that the
government has got the details but did not want to reveal it.
The court's remarks had came after the Government
contended that it has got the information pertaining to the
bank accounts of Indian citizens in Liechtenstein Bank.
The petitioners were also opposed to government's idea
of setting-up High Powered Committee.
Jethamalani has maintained that the monitoring group
or the SIT should be headed by a retired Supreme Court judge
and should comprise a serving or retired High Court judge and
be assisted by a distinguished retired police officer
experienced in interrogation and a retired public official
experienced in investigation, both of whom should be of high
standing and integrity.
tardy pace in dealing with the "colossal" problem of black
money, the Indian apex court on Wednesday wanted a former
judge to monitor action of government agencies on the issue
but this was resisted by the Government.
"We do not visualise the problem going away in
months. Look at the dimension of the problem. It is colossal
and the biggest problem of the country after independence," a
bench of justices B Sudarshan Reddy and S S Nijjar said while
reserving its order on constituting Special Investigation Team
(SIT) to deal with the issue.
During the hearing, the Centre vehemently opposed the
idea of setting up of SIT or appointment of retired Supreme
Court judge to monitor the functioning of a 10-member high
power committee of top officers from CBI, ED,IB and other
departments, to deal with the black money cases.
"It is not in the public interest to appoint the SIT
as it would hamper the ongoing investigation in the case. I
have objection on the issue. They (government agencies) do not
need any interventionist to be fast and speedy in dealing with
the problem," Solicitor General Gopal Subramainum said.
The bench, however, pointed out that agencies approach
has so far been tardy as nothing substantial has been done so
far in such cases.
"Where is the speed in the case. Case was registered
against an individual in 2007 but the custodial interrogation
was done only in 2011 after the court's intervention. What
speed you are talking about. We don't want to make comments on
this. Even Letters Rogatory was issued after constant query
from the court," the bench observed.
"I find it difficult to understand what is wrong if
some eminent retired judge of this court will monitor the work
of the committee. It can only enhance efficiency of the team,"
the bench further said while reserving its order on a plea
seeking directions to the government to make public the names
of persons who have kept black money in the Liechtenstein
Bank.
Subramainum informed the court that the 10-member
committee consisting of Revenue Secretary, RBI's Deputy
Director, Directors of CBI, Intelligence Bureau (IB),
Enforcement Directorate, Chairman of CBDT, Director General of
Revenue Intelligence, chief of Narcotics Control, Director of
Foreign Intelligence Office (FIO) and Joint Secretary of
Foreign Trade has already been appointed.
The court was hearing a petition filed by noted lawyer
Ram Jethmalani and some former bureaucrats seeking the its
direction to the government to bring back black money stashed
by Indian nationals in foreign banks, which is said to be to
the tune of 1 trillion US dollars.
Besides Jethmalani, five others, including former
Punjab DGP K P S Gill and former Secretary General of Lok
Sabha Subhash Kashyap who are petitioners, have alleged that
the government was not taking action to bring back black
money stashed in foreign banks.
NGO People's Political Front and former top cop Julio
F Riberio are also among the petitioners.
The bench had earlier favoured setting up of a SIT,
saying the issue is "wider" and had asked the Centre to come
up with its possible composition.
It had asked the government to make its stand clear on
setting up the SIT comprising officers from different
departments including the Enforcement Directorate, the CBI and
the IT to look into it.
The court had also expressed displeasure over the
government's reluctance in disclosing the names of Indians
having black money in foreign banks.
"What is the difficulty in disclosing the information,"
the bench had asked, when Subramanium told the bench that the
government has got the details but did not want to reveal it.
The court's remarks had came after the Government
contended that it has got the information pertaining to the
bank accounts of Indian citizens in Liechtenstein Bank.
The petitioners were also opposed to government's idea
of setting-up High Powered Committee.
Jethamalani has maintained that the monitoring group
or the SIT should be headed by a retired Supreme Court judge
and should comprise a serving or retired High Court judge and
be assisted by a distinguished retired police officer
experienced in interrogation and a retired public official
experienced in investigation, both of whom should be of high
standing and integrity.
