Probe would affect constitutional functionaries: Centre to SC

If an investigation is ordered on "all and sundry" purported diary entries of Sahara and Birla Groups made by "unscrupulous persons", it would have a "very dangerous" effect on constitutional functionaries, government told the Supreme Court today.
During the day-long high voltage hearing, Attorney General Mukul Rohatgi told a bench of Justices Arun Mishra and Amitava Roy that no constitutional functionaries would be able to function if the apex court ordered registration of FIR and a probe into the bribery allegations against Prime Minister and other politicians on the basis of documents seized during the raids at the premises of the two major business houses.

"In case a probe is ordered by this court, it will be very dangerous and no constitutional functionaries can function if investigation will be ordered at all and sundry like this," he told the bench which dismissed the plea of NGO, Common Cause, seeking a court-monitored SIT probe in the matter.
The Attorney General countered the submission of senior advocate Shanti Bhushan and advocate Prashant Bhushan, representing the NGO, that this was a fit case having prima facie enough evidence to order registration of case and probe.
Rohatgi told the bench that the materials of Sahara Group, on the basis of which the petitioner has sought investigation, has been found to be not genuine by the Income Tax Settlement Commission.

"The documents which have been filed are not in the form of the account books of these companies. They are not account books maintained in the regular course of business and their correctness have been found to be unreliable by the commission at least in the Sahara Group matter," he said.

He said the case of Birla Group was also "on a similar footing" and the materials were not reliable.
"It is open to any unscrupulous person to make entries in the name of anybody on a piece of paper without there being any corroborative material. No case is made out to order investigation, that too against large number of politicial leaders whose names are mentioned in these entries," he said.

However, Prashant Bhushan argued that there cannot be any other case where there was so much of evidence to order probe.
Bhushan further said that "prima facie" a probe was
required in this case as "in no other case will you have more evidence for registration of an FIR".
Regarding the AG's submissions on order passed by the IT Settlement Commission in the Sahara's case, Bhushan said it was "riddled with self contradictions" and it was passed for the "only purpose to somehow say that these documents are not credible".
"There are strong evidence to show that entries are genuine even in Sahara case. This is a matter for probe. We are at a stage to determine whether investigation is required in the matter. If no order for investigation is passed, it will give a very, very wrong impression to the country," he said.

"In Birla's case, there are so much materials on record," Bhushan said, adding "an impression should not go out that when somebody so high is prima facie involved, the hands of the court shake".
To this, the bench shot back, "Nobody is above the law".
He also said that in Birla's matter, when the IT people asked the company officials about the entry showing payment to money to "Gujarat CM", the officials strangely replied that it referred to 'Gujarat Alkali and Chemicals' and not to any political person.
Regarding Sahara Group, he claimed that among documents seized were detailed accounts maintained in spreadsheets in the computers of an employee of the group which contained details of Rs 115 crore of cash received in 2013-14, of which Rs 113 crore had been paid out to various public servants.

Bhushan alleged that Sahara group has claimed that these were fictitious records created by a "disgruntled employee" to implicate another employee of the group and it was nothing but a "cock and bull story".
"The spreadsheets contain details of dates, amounts and source from which amounts were received which is mostly from a marketing company of Sahara called Marcomm," he alleged.
Bhushan also said that "law is equal for everyone and be you ever so high, the law is above you".
"The cloud of suspicion hanging over the persons whose names are there must be cleared and it would be cleared only after a thorough and impartial investigation is conducted," he said.