Hasan Ali case: SC 'surprised' over ED keeping it in dark

The Enforcement Directorate came in for more criticism from the Supreme Court today when judges expressed “surprise” over the fact that it had kept the court and the high-level committee in the dark about the charge sheet filed against Pune-based businessman Hasan Ali Khan who has an account in a Swiss bank.

The judges said they came to know about the charge sheet only from newspapers. When the case was argued before them two days earlier, the directorate had not disclosed that the 900-page charge sheet was ready for filing before the special court. ED only said investigations were on against Khan now under arrest.

The bench consisting of Justice Sudershan Reddy and Justice S S Nijjar directed the charge sheet to be given to Ram Jethmalani, who has moved the court for disclosure of names of suspect Swiss account holders. The court passed the order when the counsel for Jethmalani expressed fear that the charge sheet might be incomplete and there was a danger that the special court might reject it on account of the defects in them. It has happened in sensitive cases before, counsel Anil Divan said.

Solicitor General Gopal Subramanium told the judges that the charge sheet was subject to “any kind of scrutiny”, either by the judges or the high-level committee.

It ought to have been given to the committee, he admitted.

The judges said the committee was a mechanism suggested by the government and it was surprising that the charge sheet was not placed before it. Divan asked what was the use of the committee if such a crucial document was kept away from it.

The panel is headed by the revenue secretary. The other members are a deputy governor of the Reserve Bank of India, director of the Intelligence Bureau, director of the Central Bureau of Investigation, director of the Directorate of Enforcement, chairman of the Central Board of Direct Taxes and director-general of the Narcotics Control Bureau. Moreover, secretaries of home and defence ministries and the foreign secretary will be consulted on important issues.