Centre opposes SC order for special probe in black money case
16 Jul 2011
The union government on Friday moved a petition in the Supreme Court seeking a recall of its order of setting up a special investigation team (SIT) to probe the issue of illicit money stashed abroad, mainly on the ground that the order impinges on the executive's domain.
In its 40-page petition, the centre said the 4 July order was without jurisdiction as it impinged on the concept of separation of power between the executive and the judiciary. It also contended that government's economic policies could not be judicially reviewed.
"The order completely eliminates the role and denudes the constitutional responsibility of the executive, which itself is answerable to Parliament," said the review petition. "It is contrary to the settled legal principle that the function of the court is to see that lawful authority is duly exercised by the executive, but, not to itself take over the tasks entrusted to the executive."
The government's plea is expected to be taken up for hearing next week.
Earlier on 4 July, the apex court had pulled up the government agencies for the ''laggardly pace'' in investigations into the issue of black money stashed abroad.
A bench of justice B Sudershan Reddy (since retired) and justice S S Nijjar had ordered setting up a SIT headed by two retired Supreme Court judges. The SIT was to take over the probe and monitoring of all black money cases, subsuming government agencies (See: SC orders SIT probe into illicit money stashed abroad).
