Sahara case: Enough material on record to direct probe, Prashant Bhushan tells SC

‘If no probe in this case, then in no case can SC order probe’

Written by Utkarsh Anand | New Delhi | Updated: January 6, 2017 5:24 am
Supreme Court, Prashant Bhushan, Income Tax raids, Narendra Modi-bribery allegations, Bhushan-NGO, India news, Indian Express Prashant Bhushan. (File)

Asked to come back with some “credible” evidence, a petitioner NGO Thursday told the Supreme Court that no other probe would be justified if the apex court does not order an investigation on the basis of Income Tax papers relating to raids at Aditya Birla Group and Sahara companies, allegedly recording entries of illegal pay-offs to politicians.

The NGO, Common Cause, moving an additional affidavit in the court, asserted that the IT appraisal report coupled with diary and email entries were adequate to suggest grave illegalities in the matter and, hence, the top court must order a probe straightaway.

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“It is quite rare that so much clear evidence is placed before the Court or the investigation agencies to seek investigation. If no investigation is directed in this case, then in no case this Hon’ble Court would be justified in directing an investigation,” maintained the affidavit, filed through advocate Prashant Bhushan.

The affidavit pointed out that an investigation was incumbent in view of certain incontrovertible facts, that raids were conducted by the CBI on the Birla Group and by the Income Tax Department on the Sahara Group; that unaccounted cash was recovered in the raids; that diaries, notebook, hand-written papers, computer documents were recovered and they had entries on alleged payoffs to politicians and civil servants.

“In the present case, the circumstances make out a more than adequate case for directing a credible and independent investigation as per the law laid down by Constitution Bench in Lalita Kumari case (that mandates registration of FIR when any serious offence is brought to notice of law enforcement agencies),” stated the affidavit. It added that there has been no rebuttal by any authority or entity of the authenticity of the material placed before the court.

“Therefore, the petitioners request this Hon’ble Court, as a guardian of the Constitution and the rule of law to order a thorough court-monitored SIT investigation into the material and evidence collected during the raid of the two business groups,” said the affidavit that will be taken up by the court on January 11.

On December 16, the last day of hearing, Bhushan raised the pendency of Justice J S Khehar’s appointment as CJI with the government while suggesting that the judge should not hear the plea seeking a probe against various politicians over alleged illegal payoffs by Aditya Birla and Sahara groups.

Justice Khehar responded by saying: “This is most unfair and very unfortunate. It is not a fair request but you go to any other bench you want. I don’t want to hear this matter anymore.”

While Bhushan contended that it was his duty as an officer of the court to apprise him of apprehensions that people might have, Justice Khehar said: “You never had to bring this up if you did not have any problem. And were you not an officer of this court previously when you appeared before us twice, thrice and argued this matter? You did not raise this objection then so why are you raising it now? It is very unfair.” Bhushan’s contentions had come after Justice Khehar said that the lawyer was making “serious allegations in a non-serious matter” and that he had nothing to corroborate the accusations.

“What was the tearing hurry (for filing the plea)? You have filed a petition with very serious allegations in a non-serious matter. We have been asking you to bring materials and giving you time but we should not be doing it. It is an unreasonable request. You had to bring your best evidence when you had filed the petition but here we are granting you time after time. What will others think? Are we siding with you in all this? You had to bring the material. and then argue this petition,” Justice Khehar had told Bhushan while deferring the matter to January 11.

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  1. H
    Haren
    Jan 6, 2017 at 2:54 am
    Modi will go to jail after Sonia, Rahul, Lalu, Mulayam, Mayavati, Mamta, karunanidhi, Pawar and Kejriwal go to jail.lt;br/gt;if he took the money than where they are, and for whom he took it?lt;br/gt; I don't see any of his family member in politics or driving Mercedes or BMW.lt;br/gt;In 12 years running a clean administration, and not allowing corruption, he might have created lots of enemy, who framed his name in diary.lt;br/gt;I suggest Prashant Bhusan to go after Kejriwal, and all that corrupt politicians who become karorepati in politics.lt;br/gt;May be corrupt India does not deserve Clean leader like Modi.
    Reply
    1. B
      Bubaan
      Jan 6, 2017 at 4:16 am
      Democracy living under fear. it is sad that Supreme Court are now afraid to take bold decision under Modi rule. CBI, IT, RBI, Delhi Police, ACB, NIA have lost all credibility and are like puppets being told what should they do by Modi Regime.
      Reply
      1. C
        chitta
        Jan 6, 2017 at 12:40 am
        Is the Judiciary also compromised now. Apart from law think like a common man. Does not it sound logical if you find a scam to order a probe. There was a rumour that BJP's law minister is dipping his hands into the transfers,etc for Judges to get their agendas through the system by giving clean chits. lt;br/gt;lt;br/gt;The way Mr. Hodi is controlling things it will less democratic and more dictatorial and people will hit the streets very soon.lt;br/gt;lt;br/gt;Media is not free to report. The Ministers with their portfolios are trying to control their respective spaces to ensure that BJP and co do whatever and get away
        Reply
        1. C
          chetan
          Jan 6, 2017 at 7:06 am
          If there is warrant from Supreme court to Manomohan singh in coal scam on the basis of hard evidence , then it is a conspiracy, If CBI summons TMC MP's who are goons on the basis of evidence , then it is conspiracy, If Augusta westland papers mention AP ( Ahmad Patel) and any probe on the basis of that is conspiracylt;br/gt;lt;br/gt;But faltu entries in sahara dairy which are rejected by the supreme court itself as not admissible as evidence is good enough because it against Modi !!
          Reply
          1. P
            pal
            Jan 6, 2017 at 3:23 am
            I feel after considering the various developments currently on record, the instant case requires a fair probe to keep the high office above board in the interest of justice, equity and fair play.
            Reply
            1. M
              mohan
              Jan 6, 2017 at 4:02 am
              IE you are making a fool of yourself.Mr prashant Bhushan may be a brilliant lawyer but in the instant case has amply proved by his conduct that he is not only arrogant but also a person who regards himself as above law.He understated the value of allhabad property to cheat the govt of reg.charges.He got allotted land in HP where no outsider can have it.He showed utter disregard to the CJI which no counsel could do .Your recent reporting shows ,only jugglery of wordsandno fresh evidence.The matter relates to I.T dept.They have taken cognizanceandafter due deliberation they have given the finding.The ITSC has given its verdict.The SC has given its observation.I from the Income Tax dept.I am well versed with these matters.Why Bhushan doesnot give evidence to substantiate his allegations.Really sad how low we can go to advertise.
              Reply
              1. F
                Franky
                Jan 6, 2017 at 4:01 am
                Supreme Court is very scared of Modi and does not give order for the probe
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                1. W
                  WER
                  Jan 6, 2017 at 12:30 am
                  The honourable thing to do in such instances is to step aside until a neutral third party completes it investigation.lt;br/gt;lt;br/gt;But that requires character...also Feku's action are telling ... why is he so hard on poor though demonetization when his actions point he is not clean in the first place!!lt;br/gt;lt;br/gt;It appears that Feku is also pawn in the hands of foreign powers.
                  Reply
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