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‘Inclusion of RAW chief in SIT highly objectionable’ -by Krishnadas Rajagopal
New Delhi : The government finds it “highly objectionable” that the Supreme Court included the Director, Research and Analysis Wing (R&AW), in a Special Investigation Team set up to investigate black money cases.

“What is of serious concern and highly objectionable is the inclusion of the Director, Research and Analysis Wing, in the SIT,” said the government in an application filed in the Supreme Court seeking the recall and modification of a July 5 order, passed by the apex court bench of Justices B Sudarshan Reddy and S S Nijjar, in the black money case.

“The functioning of the Research and Analysis Wing is extremely sensitive and the inclusion of the Director, R&AW, in the SIT has been made without any appreciation of and regard to the scope and nature of the functions of the R&AW and the effect such an inclusion would have on the functioning of R&AW and national issues,” the government said.

This team has been formed over and above a multi-disciplinary High Level Committee led by the Union Revenue Security appointed by the government to monitor investigation into black money stashed abroad.

As per the order, the R&AW Director will have to function according to the “guidance and direction” of the two retired judges leading the SIT, who will in turn report to the Supreme Court.

As it is not formed for a specific period and does not have a specific area of jurisdiction, the government fears setting up of the SIT will “open up a Pandora’s box” .

The court has given so much power to the SIT that it “virtually amounts to usurping all powers of the Executive, statutory and otherwise under each and every law relating to taxation, foreign exchange, etc”, the government said in its appeal.

“It is not clear whether such jurisdiction will be exercised by SIT with respect to on-going investigation in cases or the ones that may be initiated in future or the ones which have been adjudicated and closed in the past. This would lead to the absolute close-down of the Government machinery,” the government said. Any person or private individual, it noted, can give his “verified or unverified input on basis of material at his command and cause the SIT to embark upon an inquiry into allegations which may not be strictly in tune with the law”.

The government has also argued that “Serving officers of various departments have been virtually placed at the disposal of” the SIT. The SC order had said the retired judges leading the SIT, Justices B P Jeevan Reddy and M B Shah, were entitled to remuneration, allowances, perks and facilities as that of a sitting judge of the Supreme Court, and that the “Ministry of Finance, Union of India, be responsible for creating the appropriate infrastructure and other facilities”.