Black money: government seeks recall of SC order for special investigation

17 Aug 2011

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The Supreme Court on Tuesday agreed to hear an application filed by the union government seeking a recall of the court's order for forming a special investigation team (SIT) two retired judges at the helm to investigate illicit cash stashed in tax havens.

A three-judge bench comprising justices Altamas Kabir, Cyriac Joseph and S S Nijjar presided over a short hearing in which attorney-general G E Vahanvati told the court that he is ready to argue the ''maintainability'' of the application.

The government petition argues that the apex court's 4 July order for a SIT is a judicial overreach into executive functions.

The government has also taken strong exception to the Supreme Court appointing the director of the Research and Analysis Wing (RAW), the government's foreign intelligence arm, as part of the SIT.

The challenged order effectively asks the intelligence chief to report to the SIT, which will in turn report to the Supreme Court.

The SIT was ordered by the court to report back to it on the progress made on all 'black money' cases, including the one under way against Pune stud farm owner Hasan Ali Khan, who is alleged to be a 'hawala' (illegal money transfer) kingpin.

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