September 23rd, 2011
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Black money case:SC bench deffered on centre’s plea

supreme-courtNew Delhi: A two-judge bench of the Supreme Court today gave a split verdict on the maintainability of the Centres plea for recall of the apex court order on constitution of an SIT to probe into black money cases. The court deferred on its decision. While justice Kabir pronounced his verdict in favour of the government, saying the Centre’s plea was maintainable; Justice Nijjar refused to hear the application, saying it is not maintainable.

After the two-judge bench remained divided, it referred the government’s petition to the Chief Justice of India (CJI) for constituting a larger bench. The larger bench would now decide the maintainability of the petition.

The Centre had moved an application for recall of the Supreme Court order saying that it was “unenforceable” and an “encroachment” on executive powers. Justice Sudershan Reddy had ordered setting up of an SIT after making various observations against the government on a PIL filed by senior lawyer Ram Jethmalani.

The Central government had filed a recall application to amend its judgement in the black money case. In its judgement the Supreme Court had constituted a high powered committee comprising of two retired Supreme Court judges and 10 others to oversee investigations in the black money case. This matter was heard by a bench of Justice Kabir and Justice S S Nijjar.




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