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SC raps govt for delay in giving info on black money
BS Reporter / New Delhi Jan 15, 2011, 00:22 IST

Solicitor General asks Supreme Court for time till Wednesday to give Centre’s reply.

Pressed by the Supreme Court for disclosure of the names of those who have stashed away black money in foreign banks, the Solicitor General submitted today that he will take instructions from the Central government and inform the court of its decision by next Wednesday.

The bench comprising of Justice B Sudershan Reddy and Justice S S Nijjar, repeatedly asked the government counsel what was the difficulty in disclosing the information which was already with them.

Solicitor General Gopal Subramanium’s response was that the government has the information about Indians holding accounts in Liechtenstein Bank in Germany, but was not inclined to disclose it. The judges again asked what was the privilege the government was invoking for keeping the information to itself. The counsel then promised to give the government’s view on this matter by next week.

Subramanium said the government was willing to provide the status report to the court. It was also ready to provide details about particular account holders. He admitted there was tax avoidance. The judges said it was not merely a question of tax avoidance, but there were larger issues involved.

The court was hearing a petition filed by the former law minister and noted criminal lawyer Ram Jethmalani, who among others, has filed a public interest petition asking the court to get details of black money estimated in “trillions” kept in foreign banks. They also want the government to take steps to bring black money back to the country.

The judges also noted a Pune-based businessman, Hassan Ali Khan, was being probed by the Enforcement Directorate in connection with the alleged black money deposited and wanted him to be impleaded in the petition. “If the names of the account holders are before us then why not implead them in the case? Let them come,” said the judges.

Senior counsel Anil Divan, appearing for Jethmalani and others, raised questions over the government following the Double Tax Avoidance Agreement (DTAA) in its probe into the money deposited with the Liechtenstein Bank in Germany. He contended there was no requirement for following the DTAA as it was needed only in case of citizens of other countries. He stressed the government had not done anything in the last two years.

In the beginning, the ED handed over its status report on the probe in a sealed cover to the court. The judges said that they would consider making it public after examining it.

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