Govt moves SC against black money SIT order

The government has taken strong exception to the Supreme Court appointing the SIT of which the Director,Research and Analysis Wing,has been made a part. The order effectively asks the R&AW chief to report to the SIT,which has two retired judges at the helm,which will in turn report to the Supreme Court.

The Centre’s petition,sources said,primarily focuses on passages in the July 5 order,of a bench of Justices Sudershan Reddy (since retired) and S S Nijjar,which portray a picture that the “Union of India has been unable to answer any of the questions regarding its past actions”.

“The said order has the effect of completely eliminating the role and denuding the constitutional responsibility of the Executive which itself is answerable to Parliament and it is further respectfully submitted that it directly interferes with the functions and obligations of the Executive,more particularly,since it is ordered that the SIT will report directly to the Supreme Court,therefore excluding the Executive and consequently Parliament,” the application said.

The government has taken exception to the first 20 paragraphs of the order,saying these are uncalled for,unjustified and made without any discussion in court or material therefore. The government contends that the order pinned contentions and arguments on it which were never made during the hearings.

“The observations rendered in the said order,it is respectfully submitted,have been expressed in absence of any contention and/or arguments raised,urged,heard and debated in court,” the application said,criticising the order of “incorrect factual basis”.

“The order proceeds on admission,concession,statements and acknowledgments attributed to the counsel appearing for Union of India,it is humbly and respectfully pointed out that such concession,statements and acknowledgments do not appear to have been made,” it said.

The order,in one instance comments,how the then Solicitor General Gopal Subramanium was “flummoxed” and unable to answer questions on why the High Level Committee in the case was not consulted before the chargesheet was filed in the Hasan Ali Khan case.

The order had found it “needless to clarify that the former judges of this Court so appointed to supervise the Special Investigation Team are entitled to their remuneration,allowances,perks,facilities as that of the judges of the Supreme Court”.

Taking on the apex court,the government has raised doubts about the court’s order,noting that it has directed the “Ministry of Finance,Union of India,be responsible for creating the appropriate infrastructure and other facilities for proper and effective functioning of the Special Investigation Team at once”.