In what may turn out to be its last day in office, the UPA government is all set to move the Supreme Court Friday, demanding a recall of its order on making public the details in the black money case and activating the Special Investigation Team (SIT) to carry out speedy probe.
The Indian Express has learnt that following a deliberation with the concerned officials in the ministries of finance, home, law and external affairs, it has been decided to approach the apex court against its May 1 order.
On May 1, a bench led by Justice H L Dattu had re-constituted the SIT and directed the government to issue necessary notification in three weeks to enable it to conduct inquiries and monitor the probe. The bench, also comprising Justices Ranjana P Desai and Madan B Lokur, further directed the Centre to make public by sharing with petitioner, senior advocate Ram Jethmalani, all the details regarding the 26 account holders in Liechtenstein Bank who were investigated in the case.
Both orders were issued on the basis of the SC’s July 4, 2011 order, whereby the court had asked the government to share information with the petitioner and also let the SIT monitor the probe. The SIT, however, was re-constituted on May 1 after Justice (retd) B P Jeevan Reddy expressed inability to head the team.
The government has now decided to move the SC, seeking a review of this order. According to sources, the government’s argument is that setting up of the SIT was an unworkable mechanism and it also lacked jurisdiction in view of the settled legal positions
The government is going to contend that the SIT was not required in the wake of the progress made so far in the case and that the expert probe agencies did not require to be brought under its scrutiny.
The government also opposes sharing all information with the petitioner since, it thinks, that will compromise the probe and may prejudice the cases that have to be eventually tried in courts of law.
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