Black-money: Apex court to hear Centre's plea for recall of SIT order

Our Bureau New Delhi | Updated on March 12, 2018 Published on August 16, 2011

The Supreme Court on Tuesday agreed to hear the Centre’s application asking for recall of its order directing the setting up of a Special Investigation Team (SIT) to investigate black money cases. The apex court will hear the Centre’s plea on August 24.

In its plea, the Centre has asked for the recall of the apex court order only in respect of the portion relating to the constitution of SIT, as it was against the well-settled legal principle that judiciary should not take over the task entrusted to the executive but only ensure that the executive exercises its functions.

It added that the order interferes with the executive’s obligations, which includes being answerable to Parliament. The Centre said this was because the order says that the SIT should report directly to the Supreme Court, and therefore excludes the executive and consequently Parliament. The order is also contrary to the principle that courts do not interfere in the economic policy as it falls in the executive’s domain, the Centre said.

The apex court order had pulled up the Government for the “laggardly pace” of the probe on black money cases. It added that huge amount of black money reveals the degree of “softness of the State.” The court had asked the SIT headed by a former Supreme Court judge Mr Justice B P Jeevan Reddy to file periodic status reports before it.

Meanwhile, renowned lawyer Mr Ram Jethmalani and some other eminent persons, on whose petition the Supreme Court had constituted the SIT, criticised the Centre for seeking recall of the apex court’s order. Claiming that the Centre’s plea is not maintainable, they said the Government should instead have complied with the apex court order.

Published on August 16, 2011
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