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Centre withholding papers on black money: Jethmalani

Legal Correspondent

Court issues notice to Centre on PIL


No single person whose name is given by Germany was proceeded against

No vigorous steps being taken in Hasan Ali Khan case


New Delhi: The Supreme Court on Tuesday issued notice to the Centre on the petition, filed by the former Union Law Minister Ram Jethmalani and others, seeking vital documents on black money stashed away in foreign banks.

A Bench of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and B.S. Chauhan issued notice after hearing senior counsel Anil Divan, who said the Centre was withholding vital documents.

Inaction

The public interest litigation petition alleged inaction on the part of the Centre in bringing back black money from foreign banks.

The petitioners had sought 21 documents and letters, including the Indian government’s communication with German authorities, UBS AG Switzerland and LGT Bank, Liechtenstein, a tax haven. They had also sought certain documents on the case registered against Pune-based businessman Hasan Ali Khan, against whom the Enforcement Directorate lodged a complaint for violating the Foreign Exchange Management Act (FEMA).

Solicitor-General Gopal Subramaniam denied that the Centre was not supplying the documents or that it was not taking steps to recover black money.

Mr. Divan referred to a speech made by Prime Minister Manmohan Singh on August 25, while inaugurating the conference organised by the CBI, that high level corruption should be pursued aggressively. But the Centre was not implementing what the Prime Minister had said, counsel said.

“Not a single individual whose name is allegedly given by the German government has been proceeded against; no vigorous steps are being taken against Hasan Ali Khan [under the FEMA] and he is not being custodially interrogated.”

Swiss cooperation

Mr. Divan said Swiss authorities were not being furnished proper documentation and that they alleged that forged papers were given to them.

They were willing to cooperate if proper documentation showing dual criminality was sent to them, counsel said.

“No laxity in probe”

Mr. Subramaniam filed,in a sealed cover, a status report on the investigations conducted in the Hasan Ali Khan case and said Letters Rogatory were issued to various countries in connection with the probe. He denied any laxity in investigation.

He said the government would hold a meeting with the Swiss authorities and assured the court that periodic status reports would be filed.

Further hearing will be held in December.

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