RAM JETHMALANI AND OTHERS Vs. UNION OF INDIA AND OTHERS
LAWS(SC)-2014-4-171
SUPREME COURT OF INDIA
Decided on April 22,2014

Ram Jethmalani And Others Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

- (1.)This Court on 04.07.2011 in the writ petition filed by Shri Ram Jethmalani and others had issued the following directions:
(i) The Union of India shall forthwith disclose to the Petitioners all those documents and information which they have secured from Germany, in connection with the matters discussed above, subject to the conditions specified in (ii) below;

(ii) That the Union of India is exempted from revealing the names of those individuals who have accounts in banks of Liechtenstein, and revealed to it by Germany, with respect of whom investigations/enquiries are still in progress and no information or evidence of wrongdoing is yet available;

(iii) That the names of those individuals with bank accounts in Liechtenstein, as revealed by Germany, with respect of whom investigations have been concluded, either partially or wholly, and show-cause notices issued and proceedings initiated may be disclosed; and

(iv) That the Special Investigation Team, constituted pursuant to the orders of today by this Court, shall take over the matter of investigation of the individuals whose names have been disclosed by Germany as having accounts in banks in Liechtenstein, and expeditiously conduct the same. The Special Investigation Team shall review the concluded matters also in this regard to assess whether investigations have been thoroughly and properly conducted or not, and on coming to the conclusion that there is a need for further investigation shall proceed further in the matter. After conclusion of such investigations by the Special Investigation Team, the Respondents may disclose the names with regard to whom show cause notices have been issued and proceedings initiated."

(2.)Clause (iv) of the directions speaks about the constitution of an Special Investigation Team (for short, 'the SIT'). To head the SIT, the Court had requested Mr. Justice B.P. Jeevan Reddy to be the Chairman and Mr. Justice M.B. Shah as a Vice-Chairman of the Committee apart from other Governmental authorities.
(3.)By communication dated 15.08.2011 and 18.04.2014, Mr. Justice B.P. Jeevan Reddy had expressed his inability to be the Chairman of the SIT. He had stated that at the most he can provide guidance and direction to the SIT.


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