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Updated: September 24, 2011 02:30 IST

Split verdict on Centre's plea to recall black money order

J. Venkatesan
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While Justice Kabir said the Centre’s plea, against constitution of SIT to probe black money, was maintainable, Justice Nijjar ruled that the plea was misconceived. File photo
AP While Justice Kabir said the Centre’s plea, against constitution of SIT to probe black money, was maintainable, Justice Nijjar ruled that the plea was misconceived. File photo

Justice Kabir says application is maintainable, but Justice Nijjar rules plea is misconceived

The Supreme Court on Friday gave a split verdict on the Centre's plea seeking to recall its order on black money, with one judge holding that the application was maintainable and the other saying it was not.

Acting on the petitions filed by the former Union Law Minister, Ram Jethmalani, and others, the court had ordered constitution of a special investigation team headed by the retired Supreme Court judge, B.P. Jeevan Reddy.

On July 15, the Centre filed the application, which said: “The [July 4] order impinges upon the well settled principle that courts do not interfere with the Economic Policy, which is in the domain of the Executive and that it is not the function of the court to sit in judgment over matters of Economic Policy, which must necessarily be left to expert bodies. Courts do not supplant the views of experts with their own views. The order impinges upon the principle that in matters of utilities, tax and economic policy, legislation and regulation cases, the court exercises judicial self-restraint if not judicial deference to the acts of the Executive, since the Executive has obligations and responsibility both constitutionally and statutorily. The wide-ranging criticism of the state is uncalled for and unjustified.”

The constitution of a special investigation team and the consequential directions could not be implemented, the Centre said.

Following the retirement of Justice B. Sudershan Reddy, the matter was heard by a Bench of Justices Altamas Kabir and S.S. Nijjar (who was part of an earlier Bench).

Now, Justice Kabir, in his order, held that the application was maintainable. Technicalities could not stand in the way, “particularly if the implementation [of the July 4 order] would result in injustice.”

He said the Supreme Court had the inherent powers to correct the injustice. Hence, he directed that the matter be heard further.

Justice Nijjar, however, said: “There is no question of mistaken facts being presented by anyone to the court. The application also fails to indicate any miscarriage of justice or injustice which would be caused to any particular class. The application, though described as an application for modification, is in substance more in the nature of an appeal. At best, it could be in substance an Application for Review. It certainly does not lie within the very narrow limits within which this court would entertain an application for modification.”

Justice Nijjar said: “The Union of India has failed to make out a case to enable this court to treat the modification application as an application for review and proceed to hear the same in open court. The present application is wholly misconceived. It is, therefore, dismissed.”

In view of the split verdict, the Bench directed that the matter be placed before Chief Justice of India S.H. Kapadia for being referred to a third judge.

Keywords: Black money caseSIT

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What we expected is happening. Anna Hazare's Janlokpal Bills demand to bring the judges and prime minister under the ambit of lokpal was absolutely appreciable.Now it seems that, the present fraudist, cheater, lier MPs of this government have bribed one of the judge who is not in favour of the making SIT to probe Black Money. Where the nation is going ? Stop all this nonsence and hand over the nation to military and punish all these corrupt fools so stringently that they should forget waht they are. very shameful!!!. india's future looks very dark!!. Very very shame on these dirty politicians.Very heartbreaking and very sad.

from:  Hanmant
Posted on: Sep 24, 2011 at 18:04 IST

Honorable Justice Kabir should not forget that corruption is now national issue and concern with each citizen of India. If we see past record of governments to tackle corruption ,it was mere formality and out corruption index fall further worst to worst as much possible. foreigner investor terrified by our corruption experience,every citizen so.It is very difficulty brought in politico- national agenda by great Gandhian Anna Hazare.So, it is time to follow our inner consciences and help every fight against corruption ,let it be by government or by our judiciary.SIT definitely not a superbody but a small step against giant corruption and we all should support it .

from:  Amit
Posted on: Sep 24, 2011 at 16:58 IST

This is very good example of working and injustice to the people of India who are ultimately sufferer. By giving false verdict and twisting of judicial language Indian judicial system trying to escape through narrow hole without taking responsibility to recover Black money from Swiss Bank . In this way they have proved that they are not fair rather partial to provide right justice to us.
There is big question to entire judicial system of India whether they are rightly accountable to their duty or not rather it proves how the cases in court prolonged by just removing out from the serious issue.

from:  Sudhir Kumar Singh
Posted on: Sep 24, 2011 at 14:48 IST

Yes Mr. Yadav, govt is not serious as stated the reason is same as was mentioned by you. They are fully aware who are the people having black money but due to ovious reasons of their vested interests, they do not want to bring the money. Only Hon"ble Supreme Court must monitor and ensure that entire money should be brought back to India.

from:  Kalidas
Posted on: Sep 24, 2011 at 13:23 IST

Hope the third judge as the repository of the public confidence in judiciary would take decision in national interest and not defer to the govt wishes to spare the corrupt and guilty.

from:  ARUN
Posted on: Sep 24, 2011 at 13:20 IST

Why the Government is shying away from a thorough probe? Obviously it is afraid many skeletons will tumble out. The SC Should not get influenced by the noice being made by the Government and go ahead with the probe.

from:  P.A.Venkatachalam
Posted on: Sep 24, 2011 at 12:52 IST

Why all these spit verdicts? Judges should have some guiding principles for delivering judgements. Their judgements must be backed with sound justifications. Otherwise there are chances of mis-carriage of justice. The honorable SC should take some steps in this regard.

from:  Victor Johri
Posted on: Sep 24, 2011 at 12:23 IST

Look at the collusion between the executive and the judiciary. The aim is to make sure the loot remains outside the country. Shame on these judges!!!

from:  Kashyap
Posted on: Sep 24, 2011 at 11:29 IST

As the govt is not serious in tracing and recall of black money for obvious reasons of their vested interests, the hon'ble Supreme court must monitor to ensure that black money stashed in foreign banks are brought to the book in the larger public interests.

from:  SSP Yadav
Posted on: Sep 24, 2011 at 08:53 IST

It is amazing to what extent these corrupt politicians have studied in depth the various clauses of the constitution to harness them to their advantage. Armed with the knowledge that utilities, tax, economic policies, laws, legislations etc are not questionable by the judiciary, a constitutional principle meant to give freedom to the administrators with expertise in the fields to give what is best for the different functions, the politicians have exploited this privilege to indulge in 'economic policies' to benefit themselves and the consequence- the flight of Nations’ wealth as Black Money abroad. Now they dare the judiciary to question them. The Supreme Court should consider the enormity and uniqueness of this case that stands out as a huge drain on the Nation’s exchequer and also the complicity of the politicians in this fraud that is sufficiently established and issue orders for the SIT comprising high level members of the judiciary.

from:  M.R.Sampath
Posted on: Sep 24, 2011 at 06:01 IST

The Government's application is a clear indication of the center's intent viz.it has no intention of tracing the black money deposited by Indians with banks in tax havens.And the reason is pretty obvious.Most of the huge amounts all belong to our politicians,chiefly those in the present government.And the Leading individual with an amount of over Rs. 190,000 crores stashed away in Swiss Banks as mentioned in Wikileaks is none other than-------- and Rs.50,000 crores stands in the names of family members of allies in the coalition.

from:  Raj Kumar
Posted on: Sep 24, 2011 at 05:51 IST

Black Money plays important role in Politics,Judiciary, Media etc. When you purchase property Black plays an important role which every one KNOWS.

from:  acharya
Posted on: Sep 24, 2011 at 05:17 IST
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