The Supreme Court (SC) Friday declined to entertain the Centre's plea seeking recall of its order for setting up of a Special Investigation Team (SIT) to probe the stashing away of black money in foreign banks and bringing it back to India.
The apex court bench of Justice B.S. Chauhan and Justice A.K. Sikri declined the Centre's plea saying: "How can we sit on the judgment of other judges?"
The court said this as Additional Solicitor General Siddharth Luthra sought the recall of the July 4, 2011, judgment of the apex court, and March 26 and May 1, 2014, orders of the court.
"How can we? Even if one of the judges (Justice B. Sudarshan Reddy) has retired," the court said asking Luthra to talk to registry which in turn will speak to the judges currently seized of the matter.
Appearing for petitioner Ram Jethmalani, counsel Sandeep Kapoor opposed the government plea saying the matter was being heard by a three-judge bench which has earlier declined a similar plea by the Centre.
The July 4, 2011, order was passed on a petition by Jethmalani seeking investigation into the flight of unaccounted money to tax havens and bringing it back.
On March 26, the court turned down the Centre's plea seeking the recall of the court's July 4, 2011 order setting up a SIT headed by its two former judges to monitor investigations into stashing away of the black money in tax havens.
On July 4, 2011, the apex court had set up an SIT under the chairmanship of former SC judge Justice B.P. Jeevan Reddy and Justice M.B. Shah. But, according to its March 26, 2014 order, the court, while declining the Centre's plea, said the SIT probe into flight of black money to tax havens would go on.
By its May 1, 2014 order, the apex court has appointed Justice (retd) M.B. Shah as chairman of the SIT in place of Justice (retd) Jeevan Reddy who expressed his inability to undertake the task due to personal reasons.
The March 26 and May 1 orders were passed by the apex court bench of Justice H.L. Dattu, Justice Ranjana Prakash Desai and Justice Madan B. Lokur.
The July 4, 2011 court order said the SIT would submit periodic status reports to keep the apex court informed of all major developments.
