THE modification application filed by the Govt against the SC decision
in the case of Union of India Vs Ram Jethmalani (2011-TII-05-SC-INTL) has been admitted by the
Apex Court. Pleading before the Three-Judge bench, the AG, Mr G E Vahanvati,
said that he was willing to argue the 'maintainability' of the petition accusing
the SC of judicial overreach in the appointment of SIT to supervise the probe
into black money cases.
The
Govt has taken umbrage to the SC direction to Director, RAW, to be a part of the
SIT. In its petition, the Union Govt has also pleaded that since its counsel has
not accepted the constitution of the SIT, the Apex Court may recall its
direction which is not required in the light of the High-Level Committee set up
by the Govt to supervise the investigations into the cases like Hasan Ali.
In
its petition the Govt has also harped at length on the doctrine of separation of
power enshrined in our Constitution. Since the constitution of SIT steps on the
toes of the Executive, the Union of India wants the Apex Court to scrap the SIT
and let the Executive take care of the investigations into all high-profile
black money cases.
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