Thursday, October 30, 2014

Supreme Court of India on black money stashed abroad in foreign accounts

Supreme Court is currently hearing Review Petition of Central Govt filed in the PIL (WP No.176 of 2009) which was filed by noted lawyer Ram Jethmalani for directions to Government to take prompt measures to ensure that  the money stashed abroad in illegal bank accounts is brought back to India. The supreme Court had constituted a SIT for this purpose.


The matter came up on 28th October when the Supreme Court directed Govt to place the names of all such account holders. On 29th October, the Govt gave names of 627 such account holders in sealed cover to Court who then passed it on to SIT for taking appropriate action.  The matter will now be taken up on 3rd December at 3.30 pm.

Here is the text of the Order passed by Supreme court on 29th October 2014 :

“Shri Mukul Rohtagi, learned Attorney General for India, on instructions, would submit that as of now, he is not pressing for any of the prayers made in the Interlocutory Application No. 14 of 2014 filed in Writ Petition (C) No.176 of 2009.
          Placing on record the said statement by the learned Attorney General, I.A. No. 14 of 2014 is disposed of as having become unnecessary for the present.
          Shri Rohtagi, learned Attorney General, has voluntarily had filed two separate sealed covers before each of us, which, according to him, contains the names of those account holders who have their bank accounts in HSBC, Geneva, as received from the Government of France.
         This Court, while disposing of the Writ Petition, by its order dated 04.07.2011 had constituted a Special Investigation Team (for short 'the S.I.T.'). That S.I.T. has been constituted and is functional as of now.
        By our order dated 01.05.2014, we had reconstituted the said S.I.T. and had directed the newly constituted S.I.T. to take forward the orders and directions issued by this Court on 04.07.2011. The said S.I.T. is looking into these matters. In fact, they had filed a Status Report before us on an earlier occasion.
        We do not intend to open the two sealed covers that are placed before each of us by the learned Attorney General, since we have already constituted an S.I.T. to look into these matters. The Registry is hereby directed to hand over the said two sealed covers intact today itself to a responsible officer/person in the S.I.T. with a specific instruction that it shall not be opened by anybody else except by the learned Chairman and Vice-chairman of the S.I.T.
          It is now for the S.I.T. to make use of the documents furnished by the learned Attorney General. We permit the S.I.T. to proceed with the matter in accordance with law and for that purpose to evolve its own procedure after hearing the learned Attorney General or his representative, Shri Ram Jethmalani, party-in-person and his counsel.
          We now request the S.I.T. to furnish before us the latest Status Report as expeditiously as possible, at any rate, by the end of November, 2014.
          We permit both sides to express their difficulties, grievances and other procedure which requires to be adopted before the S.I.T.
I.A.No.15 of 2014:
          Reply, if any, be filed to I.A. No. 15 of 2014 within four weeks' time.
         Call the matter on 3rd December, 2014 at 3.30 p.m.”