The Union government has distanced itself completely from the oral arguments of former Solicitor-General Gopal Subramaniam in the black money case if they amounted to giving any “concession” to the Supreme Court on the issue of setting up of the special investigating team to probe various aspects of the generation of unaccounted wealth.
This has come out in the review petition filed by the Centre’s law officers in consultation with the finance minister Pranab Mukherjee, seeking a recall of the order or the formation of SIT under two former Supreme Court judges, while the government claimed its “sole prerogative” on the issue bracketed by it as falling in the domain of “economic policy” leaving no room for the judiciary to ponder over it.
Though the Centre has stated that Mr Gopal Subramaniam on being specifically questioned about his arguments in a meeting with high functionaries, had said that he “made no statements, concessions, admissions and acknowledgements” to the court on the issue in his oral arguments, the government said if at all he had made any such submissions, it was without any “implied authority or instructions”.
“It is submitted that the records of the applicant (government) also reveal that no such authority was conferred, nor any instructions were given to make any such concessions, admissions, statements and acknowledgements. It is further stated that implied authority to counsel to conduct the case does not cover such statements,” said the petition appended by secretary department of revenue, chairman of Central Board of Direct Taxes and Director Enforcement.
Apparently putting the “onus” for the “adverse” order entirely on Mr Subramaniam, who resigned in controversial circumstances last week, the Centre, thus has completely “distanced” itself from his oral arguments saying “any such statements, even if made (by him), are contrary to the record and, as such, not binding on the applicant (government).”
Therefore, any such statements made by the former S-G did not warrant or justify the orders passed by a bench of Justices B. Sudershan Reddy and S.S. Nijjar and all such statements be “expunged and/or ignored” for the purpose of deciding of the review petition, the government said.
While invoking the doctrine of separation of powers between the three wings of the government — executive, legislature and judiciary — the Centre has stated that it has the “sole prerogative” as how to deal with the black money issue as it was “purely an economic” matter which should only to be dealt with by the executive.
The government said that the order on formation of SIT would “encompass” almost all sectors of the economy and trade and would also require framing, reframing or readjustment of the existing polices in respect of these areas.
“It impinges upon the well settled principle that courts do not interfere with the economic policy which is the domain of the executive and that it is not the function of the courts to sit in judgement over matters of economic policy, which must necessarily be left to the expert bodies,” the petition stated.