Center Govt feels SC heat on Black Money case

The Supreme Court on Monday (May 4) asked the Centre to file a further response in Black Money case. The bench headed by Chief Justice KG Balakrishnan allowed the petitioners for the case, who include Ram Jethmalani, senior advocate, and five others to file a comprehensive rejoinder to the affidavit filed by the Centre on May 2 on the issue.

The petitioners said that the Centre has given out partial and unsatisfactory information on the steps to be taken to retrieve ' Black money' stashed abroad. The Centre is expected to file a response in Supreme Court by July 28.

The Bench also said that the Centre can also respond to the written submissions filed today by the petitioners, raising objections against the delay in filing of the affidavit in which it alleged that the petitioners had links with the BJP.

The Centre had filed its reply last Saturday following a PIL. The government on Saturday (May 2) submitted an affidavit in the Supreme Court on the issue of black money stashed in foreign banks stating it has received information about Indian account holders in a German Bank but did not reveal the names on grounds of "confidentiality".

Senior advocate Anil Diwan, appearing for the petitioners alleged that the affidavit filed by the government
has not dealt with the facts that there was a fake passport case against Pune-based businessman Hasan Ali Khan and investigations relating to money laundering were also being undertaken against him, and that he was involved in transactions with Saudi Arabian arms dealer Adnan Khashoggi.

Pointing out various inactions against Khan who allegedly has stashed money in a Swiss Bank, the petitioners in written submissions said, "Is it not unreasonable to infer that the government is interested in protecting powerful individuals, who may be using Khan and his wife as their nominee/benamidar".

Further, Diwan said, "The most important factor is that not even a single individual has been apprehended or interrogated by the government in the last five years in relation to money laundering and slush funds from illicit funds, parked abroad."

Besides Jethmalani, five others including former Punjab DGP K P S Gill and former Secretary General of Lok Sabha Subhash Kashyap, who are petitioners, have alleged that government was not taking action on the issue.

The PIL assumes importance as BJP's prime ministerial candidate L K Advani besides Left parties and others have been pressing the government to approach the foreign banks for bringing back the black money.

The petition sought a direction to the Centre to take up with the foreign banks, particularly the UBS Bank, Switzerland, the issue of freezing of accounts of Indian businessmen, politicians and other influential persons illegally holding their assets in such financial institutions.

The six petitioners, whom their counsel Diwan described as "super senior" citizens, had submitted that if the Rs 70 lakh crore, purportedly stashed in foreign banks, are retrieved it would substantially remove poverty in the country and promote its development.

The Ministry of Finance in a 29-page affidavit said German government made the available the information after persistent follow up since February 2008 "on condition of strict confidentiality of contents under the Double Taxation Avoidance Agreement (DTAA)."

It said the German government provided the information on March 18 this year about the Indian account holders in the LGT Bank, Liechtenstein.

On the issue of deposits in banks in Switzerland, the affidavit said Government has acted with utmost expedition. The affidavit said that in the past, Swiss authority has consistently refused to share bank information regarding Indian residents but developments have taken place since Swiss confederation has intended to adopt the OECD (Organisation for Economic Cooperation and Development) standards and enter into negotiations for exchange of information on bank details.

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