Black money: Centre wants SC to recall SIT order | delhi | Hindustan Times
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Black money: Centre wants SC to recall SIT order

delhi Updated: Jul 16, 2011 00:59 IST
HT Correspondent
HT Correspondent
Hindustan Times
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Eleven days after the Supreme Court ordered setting up of a Special Investigation Team (SIT) headed by a retired judge to probe black money cases, the Centre on Friday moved a petition seeking recall of the order.

In its 40-page petition, the Centre said the July 4 order was without jurisdiction as it impinged on the concept of separation of power. It also contended that government’s economic policies could not be judicially reviewed. The government’s plea for recall might be taken up for hearing next week.

Pulling up the government agencies for the “laggardly pace” in investigations into the issue of black money stashed abroad, a bench of justice B Sudershan Reddy (since retired) and justice SS Nijjar had ordered setting up an SIT comprising two retired SC judges. The SIT was to take over the probe and monitoring of all black money cases including that against Pune stud farm owner Hassan Ali Khan.

The decision to seek recall of the order was taken after top officials of finance and home ministries discussed the July 4 verdict with the government’s top law officers.

Government sources maintained that the court had passed the order without “completely” hearing its stand.

The Centre has strongly objected to appointing former SC judges BP Jeevan Reddy and MB Shah as chairman and vice-chairman of the SIT, in which other members were from various agencies already on the government-appointed panel on the issue.

In its order, the court had said monies generated and stashed away reveal the degree of “softness of the State”.

“Unaccounted monies, especially large sums held by nationals and entities with a legal presence in the nation, in banks abroad, especially in tax havens or in jurisdictions with a known history of silence about sources of monies, clearly indicate a compromise of the ability of the State to manage its affairs in consonance with what is required from a constitutional perspective,” the court had said.

“The quantum of such monies may be rough indicators of the weakness of the State, in terms of both crime prevention, and also of tax collection,” it had said.

face-off

In its July 4 order, the SC had set up a SIT to take over the probe and monitoring of all black money cases including that against Pune stud farm owner Hassan Ali Khan.

Government sources maintained that the court had passed the order without “completely” hearing its stand.