What do you think about the SC question to Govt as to why it was reluctant in disclosing info on black money?

New Delhi, Jan 14 (PTI) Talking tough, the Supreme Court today questioned the Government as to why it was reluctant in disclosing the names of Indian nationals who have allegedly stashed black money in foreign banks.

"What is the difficulty in disclosing the information," a Bench comprising B Sudershan Reddy and S S Nijjar asked when Solicitor General Gopal Subramanium informed the bench that Government has got the details but did not want to reveal it....

"What is the privilege you are claiming for not disclosing the information (about those who have money deposited in foreign banks)," the Bench asked Subramanium...

The court was hearing a petition filed by noted criminal lawyer Ram Jethmalani, who along with some retired bureaucrats and police officers approached it seeking directions to the government to take steps to bring black money stashed in foreign bank back to the country...

Solicitor General Gopal Subramanium said "I am prepared to give status report on any individual. There is no difficulty in giving status report. We are committed to our position that there has been tax avoidance cases," the SG said.

The court, however, said that it was a serious problem and not only about tax avoidance. "Issues involved in the case are serious and of larger dimension. Its not only about tax-avoidance," the court said.


An interesting comment found, from one Swaminathan, read as follows:

In 1st century BC fiction Pompeia 2nd WIFE of CAESAR is depicted as “EMPTY HEADED”. CAESAR marries her for POLITICAL EXPEDIENCY.

Caesar gave no evidence in a seduction case, but DIVORCED Pompeia with ruling “Caesar’s wife must be above suspicion” and this gave raise to the proverb. (sic)

Well, how do you feel about the development? DR Singh said while forming the new govt after last elections, that the black moneys deposited in Tax Havens would be retrieved in 100 days but never took even the first step in the direction! Now some elite citizens have moved the apex court. What are the probable culmination of the case? Would Swaminathan's story of Caesar enacted in Indian scene?

Share your perceptions. Thanks for your times!


Thanks friends for sharing the concerns. But some people are not comfortable if the ruling party's serious omissions are discussed and it would anger them if you call them ''blind followers'' on this count, as they consider themselves to be ''well informed'' (largely true but they would not share all that they know in full, but selectively to suit their intents) albeit the blatant subjectivities of their arguments! Because they are adept in creating confusion and wise to side track issues from the critical focus to less consequential issues, we have to respond to them sometimes!

It is strange that he says that PM didn't make such promise to nation about the retrieval of illicit wealth invested in tax havens! Most of the local journals have been discussing this lately and he says otherwise!

The issue of the rape of a minor girl is indeed unfortunate but such things are happening all over the world (just the way some contributors would have us look at corruptions in ruling coterie)

Update 2:

but highlighted by media for known reasons! These could be indeed taken suo motu cognizance by the High Courts of the States or if it is of any global consequence, even by Supreme Court! But when such things happen all over and there is so much of pendancies of critical cases, the courts do not take upon themselves suo motu cases as a routine!

Coming to exposure of the list of persons invested in tax havens, there is a unique question if the details have to be exposed to public! Yes, the public have the right to know, particularly if serious lapses impacting the wealth of the country is involved! Just imagine, how the 2G Spectrum was sought to be buried with easy excuses like ''Raja had followed only previoius govt's procedures'' etc by not less than a person than the PM for months together! But for the media exposures of greater irregularities than the wrong procedure follwed, the CAG report, the public uproar and opposition demands, the matter would have cleanly been buried for good

Update 3:

Adarsh scandal was much dug out from burial yard, long after the scandal was completed with precision and dubious people settled well there! In a democracy the Press is considered as a watch dog as much as the opposition and the Audit! To seek info under RTI was conceived only against this aspect of democratic rights of people to know about issues in the govt! Isn't it strange that a person claiming to be interacting with legal people as a routine, trying to confuse us that the govt need not expose the details of consequence to national interests, except in matters of defense?!

OK, I shall stop here, since I may get totally diverted from main issue if I should answer all the points outside the scope of the Question, by the disciples of Sibalji!

10 Answers

  • Favorite Answer

    First of all, it is false claim "DR Singh said while forming the new govt after last elections, that the black moneys deposited in Tax Havens would be retrieved in 100 days". Why do you make false claims? It was Mr. Adwani's election promise. Once again, a lie told 100 times does not become a truth. It is neither practical nor possible to bring back that money from Swiss banks in 1000 days then how can any sane person promise to bring back that money in 100 days?

    Now coming to Supreme Court's question, as far as I know, Government has got to know the list of 14 people through German government who have deposited money in foreign banks including infamous Khans of Pune. And IT department is investigating on that. Solicitor General is going to reply to Supreme Court's query. As far as disclosing the names of those individuals, disclosing to whom? If disclosing to Supreme Court, I don't see an issue, if disclosing to BJP leader Ram Jethmalaani, why should government do that? If disclosing to political party BJP, why should government do that? If disclosing to public, why should government do that? Investigations are going on and if any one is found guilty court of law will decide the fate.

    Just because court questioned Central government does not mean Government has made any mistake. Its Court's job to question, and it is government's job to answer. Nothing more and nothing less. However Highest Court has lot more responsibilities but that it forgets, it only gets into the issues that are popular in media not those are favorable to the people like the recent issue where BSP MLA raped a minor girl but MLA was free for 32 days and girl was bar for 35 days, but Highest court could not take Suo Motu on that case to save the poor backward minor girl. As per Indian law a minor girl cannot be locked up in jail, but she was. As per Indian law a Rape victim's name cannot be revealed in public by government but cabinet secretory revealed her identity in press conference. The Highest court also only want Media publicity, we will wait for the result of this question, and that will result into nothing, other than this front page headline but no results.

    Edit: Veers sir, this is what exactly I am saying, Supreme court is interested in only and only high profile cases where they get media publicity. Where is Mr. Swamy's case today? What was the follow up after government's reply on Mr. Swamy's case? Is Supreme court satisfied with Government's answer? If yes then who are you and me to question government, if not then what did Supreme Court do about that other than creating some sensation like media by asking that question?

    Veers Sir, Honorable Supreme Court now a days is working just like media house. Get more and more publicity by creating sensation and do nothing that really benefits the people. That is not only my view but view of many educated people in legal community. I work in Legal technology day and night and talk to them even in India in in-formal chat.

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  • 9 years ago

    SC has no doubt about the reason as much as the public do not have one! The only obvious difficulty in disclosure is not difficult to gues for even a novice in politics. you would have read The Hindu article that revealed (extract):

    India is losing nearly Rs.240 crore every 24 hours, on average, in illegal financial flows out of the country. The nation lost $213 billion* (roughly Rs.9.7 lakh crore) in illegal capital flight between 1948 and 2008. However, over $125 billion (Rs.5.7 lakh crore) of that was lost in just this decade between 2000-2008, according to a study by Global Financial Integrity (GFI). These “illicit financial flows,” says GFI, “were generally the product of corruption, bribery and kickbacks, criminal activities and efforts to shelter wealth from a country's tax authorities.” GFI is a programme of the Center for International Policy, Washington D.C. It is a non-profit research and advocacy body that “promotes national and multilateral policies, safeguards, and agreements aimed at curtailing the cross-border flow of illegal money.”


    Who knows how much the spectrum kickbacks have landed in Germany or Swiss havens?! Just an example. The industrialists, bureacrats including a few of the relatives of greedy judges, film folk etc would also have deposited their ill gotten wealth outside our frontiers, for known reasons! If only the SC persists in its attempts with vehemence, the culprits would be exposed and furture deviancies curbed greatly. Nation should get the wealth stolen from its citizens and cheating govt of revenue flow into coffers!

    Let us see what comes of all the attempts of some sincere judges to get back the siphoned wealth of the nation and punish the culprits ! If the apex Congress dignitaries are involved, there is likely to be a hush up of details by some means!

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  • I wish to answer the following part of your question:


    DR Singh said while forming the new govt after last elections, that the black moneys deposited in Tax Havens would be retrieved in 100 days but never took even the first step in the direction!


    The PM would have come to know only the leading dignatories are from his own party and hence he is compelled to keep silent on the matter. There is a proverb in Tamil "திருடனுக்கு தேள் கொட்டினாற்போல‌" means "like a thief hurt by scorpion sting"

    Long Live Democracy !

    @ MS Sir,

    You have raised valid points. OK agreed it was not Dr.Singh who said so. But being a responsible PM why he was mute witness for 2G Scam and not replied to Subramaniya Swami seeking permission to prosecute Concerned minister?

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  • 9 years ago

    How Sonia can direct MMS to disclose that list.

    She can't commit suicide by doing so.

    INCians including Sonia, are the main beneficiaries of foreigner bank accounts.

    Hence,decision of Ram Jethmilani to knock the doors of SC is right and is in the public interest..

    Edit:rajendra S:: Yadi es hammam mein sab nange hote to jethmilani SC naa jaata.He has been known as a BJP supporter.

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  • 9 years ago

    I think this is because

    1) There is every possibility that many congress persons and/or coalition people (in centre and/or at state level) have accounts in these countries.

    2) The people who give donations to congress and/or to its coalition may have accounts in these countries.

    3) I guess the list contains very less or no names of members of BJP otherwise Mr Jethmalani wouldn't have moved to SC. (I think they have parked their money in some other country, there are many tax heavens in the world)

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  • 9 years ago

    Supreme Court has the right to ask, let the Government disclose the names.

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  • Anonymous
    9 years ago

    There are a few great information on exactly this. be certain you click on the links third and forth over at www.lawyersearchsite.tk

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  • 9 years ago

    Government is reluctant because, it s own people will be in trouble if names are disclosed.

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  • 9 years ago

    Chap of same bag.In Hindi there is a saying "Hamam main sab nangai", then who would blame whom.

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  • krk
    Lv 7
    9 years ago

    See this not correct.Why are pulling my treasure !

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