SC snaps back at Govt: Not 2 or 3, give us all the names… are you holding a protective umbrella?

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“Don’t give us two or three names but all the names. Give us the entire list… whatever you have got from Germany, France, Switzerland and other countries. What you have disclosed could be a tip of the iceberg. This is going to be the first step now —disclose everything. We can’t leave the issue completely to you (government). It may never happen during our time,” said the bench, also comprising Justices Ranjana P Desai and Madan B Lokur.

The government had on Monday informed the court about three entities — two individuals and a mining company along with its five directors — who were being prosecuted under the Income Tax Act for allegedly keeping black money in foreign bank accounts.

The court also said that the government did not have to choose the manner and the mode of probe into the matter and all that it needed to do was to place everything before the court, which may also rope in CBI to investigate. The bench said the court had in 2011 issued orders for complete disclosure of information received from foreign governments and it would hence also take the responsibility of ensuring the case reaches its logical end.

“Why do you (government) want to investigate? You don’t have to take the trouble of investigating. Why are you bothered? Why are you holding a protective umbrella for these people? You just pass on all the information to us and we will decide. We can ask even CBI to investigate. We are not helpless. We had passed the original order in 2011 and we will take the responsibility now as well,” it said.

Attorney General Mukul Rohatgi told the bench that they have already given the names to the special investigation team (SIT), which was set up on the court’s orders, and that the investigations were on under the SIT’s supervision.

He urged the bench to modify the July 2011 order, asserting only those names where probe was over and the cases had been found prosecutable should be allowed to made public and not otherwise. The AG added it would also not be in congruity to disclose names that have been given a clean chit after probe.

The court, however, expressed its strong displeasure at the NDA government’s attempt to have its order modified. “You are trying to re-argue the matter which in our opinion is impermissible. We won’t change even a word of our order. Months after, the new regime at the Centre can’t ask for modification of order when it was passed in an open court and accepted by the government. Don’t give the names only to SIT but give them to us too,” it said.

The bench shot down Rohatgi’s argument that the government would not be able to enter into or continue with several diplomatic treaties unless it gave foreign countries the certificates on maintaining confidentiality regarding the account holders. It said: “Then don’t give those certificates. The choice is yours. We don’t want the money of this country to go to other countries. All this has already been argued by you and the court said everything will have to be disclosed. This court can say give all the information even if confidentiality is breached.”

It said the government cannot now raise the arguments on the right to privacy of the people being investigated and that the 2011 order was unequivocal that all the names were to be disclosed. “You don’t have to take care of so much of the interest of these people. We know what to do,” it said.

The bench also turned down the AG’s suggestion that the SIT should decide upon the names to be disclosed. “You don’t do anything. We can look into the names and decide what to do next. If required, we can even put the proceedings before the SIT in abeyance,” it said. The AG then said he would comply with the orders “to allay the impression of the court that they wanted to hide something”.

In an affidavit, the government on Monday disclosed eight more names in the case. Those who have been named are: Dabur India promoter Pradip Burman, bullion trader Pankaj Chamanlal Lodhiya, Goa mining company Timblo Private Ltd and five of its directors — Radha Satish Timblo, Chetan S Timblo, Rohan S Timblo, Anna C Timblo and Mallika R Timblo. The names were received from French authorities and other countries.

Promising to disclose more names in future, the government said in its affidavit that it was “keen to unearth black money held abroad” and it would “use all diplomatic and legal means and also all investigating agencies to obtain information that could assist in such unearthing”.

Meanwhile, former Delhi Chief Minister and convener of the Aam Aadmi Party Arvind Kejriwal moved an application in the Supreme Court, seeking to be heard in the black money case. Kejriwal claimed he had personal knowledge of some people, who have stashed black money in their foreign bank accounts. He said he also had confessional statements made by three persons before the Income-Tax authorities. Kejriwal said these names had not been given to the court till date.