New Delhi: The Supreme Court on Tuesday decided to hear the Centre’s plea seeking recall of its order for setting up a Special Investigation Team (SIT) comprising its retired judges to take over the probe into all black money cases.
A three-judge bench headed by Justice Altamas Kabir posted the recall application of the Centre for Wednesday for hearing.
However, noted lawyer Ram Jethmalani and other petitioners, on whose plea the apex court had constituted the SIT, criticized the government for seeking recall of the order of 4 July.
Senior advocates Anil Diwan and R K Dhawan, appearing for the petitioners, contended the government’s plea is not maintainable as instead of complying with the order it has approached the court for recalling the order.
They said the government should file a review petition instead of application for recalling the order.
The Centre, in its application, contended the SIT was formed without being prayed and cited ten main grounds among others for recall of the order in which it has been pulled up for the “laggardly pace” in investigations into the issue of black money stashed abroad.
The government in its application raised objections to the remarks made by the apex court criticizing it in black money cases while appointing former judges - Justices B P Jeevan Reddy and M B Shah - as chairman and vice-chairman of SIT.
The bench had in its order said monies generated and stashed away reveal the degree of “softness of the State”.
Listing worries arising out of unaccounted monies stashed in foreign banks, the bench had said “the quantum of such monies may be rough indicators of the weakness of the State, in terms of both crime prevention, and also of tax collection”.
Raising its objection to the order, the government argued courts are neither concerned with the judicial review of the economic policy nor it was required for them to substitute their views on matters which falls within the ambit of the executive.