A two-judge Supreme Court Bench on Friday delivered a split verdict on the maintainability of the Centre's plea for recalling an apex court order directing the setting up of a Special Investigation Team (SIT) to investigate black-money cases. The matter will now be heard by a larger Bench to be constituted by the Chief Justice of India.
The order was pronounced by the two-judge Bench of Justices Mr Altamas Kabir and Mr S. S. Nijjar. While Mr Justice Kabir said the Centre's plea was maintainable, Mr Justice Nijjar said it was not.
Mr Justice Nijjar said: “.. it would not be possible to agree with the order passed by Mr Justice Altamas Kabir. In my opinion, the applicant Union of India has failed to make out a case to enable this Court to treat the modification application as application for review and proceed to hear the same in open Court.”
“..the present application is wholly misconceived. It is, therefore, dismissed. Union of India is, however, at liberty to take recourse to any other legal remedy that may be available to it,” he said.
Mr Justice Kabir had observed that “As the very working of the SIT is in question, it is necessary to cut across the technical tapes sought to be invoked on behalf of the Petitioners (Mr Ram Jethmalani and others) and hold that in view of the inherent powers vested in the Supreme Court… I.A. (interim application of the Centre) even in its present form is maintainable in the facts and circumstances of the case, which include threats to the security of the country.”
The apex court Bench comprising Justice Mr B. Sudershan Reddy and Justice Mr Nijjar had on July 4 directed the constitution of an SIT under a former Supreme Court judge, Mr B. P. Jeevan Reddy. The order also said the SIT should file periodic status reports before the apex court.
In its plea, the Centre has asked for the recall of the July 4 apex court order only in respect of the portion relating to the constitution of an SIT, as it was against the legal principle that the judiciary should not take over the task entrusted to the executive but only ensure that the executive exercises its functions.