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Dissatisfied with the status report filed by the Income Tax Department in the ‘2G scam', the Supreme Court on Thursday directed the Department to file a comprehensive report giving full details of its probe into the role of each persons involved in the scam.
A Bench comprising Mr Justice G.S. Singhvi, and Mr Justice A.K. Ganguly, gave this direction after perusing the report filed by the Additional-Director General (Investigation) in the I-T Department. The Bench told the Additional Solicitor-General, Mr Vivek Tanka, that the report should explain the probe from 2008 in general, and from October 2010,the time it got the tapes of telephonic conversations of corporate lobbyist Ms Niira Radia.
The Bench observed that while the investigation by the CBI and the Enforcement Directorate (ED) in the scam had been fast-paced, the I-T Department had been rather slow in its probe. It said “since these are cases of tax evasion, the I-T Department should have been quicker in its investigation. The figures given in its status report are mindboggling. These are not ordinary cases which require ordinary process. We would like to have a detailed and comprehensive report to be submitted by May 13.”
The Bench granted liberty to the I-T Department to approach the CBI special judge trying the 2G scam if it wanted to examine any official in custody.
Appearing for the petitioner, Centre for Public Interest Litigation (CPIL), Mr Prashant Bhushan, referred to the two chargesheets filed in the case and faulted the CBI for not catching the ‘big fish” who were the real beneficiaries. Pointing out that three Reliance Telecom officials had been arrested, he said the CBI was trying the shield the Chairman, Mr Anil Ambani, the real beneficiary.
The CPIL, in a fresh application, said “the chargesheet goes on for several pages as to how Tata Tele Services, which got GSM spectrum in 20 circles, was a major beneficiary of the policies followed by the accused Mr Raja”, but had not been chargesheeted. It further said that while CBI might be following the case of Loop Telecom which made huge benefits, the investigation had gone cold over the involvement of Mr Prashant Ruia and his family members.
Call to appoint committee
He pleaded for a direction to appoint a committee of eminent persons to assist the court in monitoring the probe so that investigation proceeded on the right track. The court said it would consider Mr Bhushan's suggestion on the next date of hearing May 13.
The Bench told Mr Bhushan, “You feel rest assured that no person, irrespective of their chair and wealth or their holding shares or holding high position will confer any immunity from the law. So far investigation in the case has made some progress which would not have been possible in normal circumstances.”
Senior counsel Mr K.K. Venugopal, appearing for CBI, opposed a monitoring committee saying it would mean expressing lack of confidence in investigation by the CBI. He said officers of the CBI and ED would proceed to Mauritius with letters rogatory to track the money trail in the 2G scam.
He said the court can wait till July when a further status report would be filed by the CBI and ED on their return from Mauritius. The Bench directed the matter to be listed for further hearing on May 13.
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