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HC asks for status report on hawala case

The Delhi High Court Thursday asked the government to file a fresh status report on investigation by income tax authorities against several bureaucrats and politicians, including Union Home Minister Lal Krishna Advani and Union Finance Minister Yashwant Sinha, who are prime accused in the hawala scandal.

Solicitor general Harish Salve presented the secret report in a sealed cover before a division bench of Chief Justice Arijit Pasayat and Justice D K Jain. After going through the report, the court ordered its re-sealing.

However, before adjourning the matter till February 28, 2001 the court gave its piece of mind: ''No matter how big or small the issue is, we will examine it thoroughly. We know what documents to look at, at what point of time and for what purpose. We know how to give the final punch.''

The court said it is interested in finding out what progress the government has made to investigate the matter. It assured that the mystery will be taken to its logical conclusion.

On September 19, the government submitted its first report before the court after a directive to prepare a brief status report on investigations following appraisal reports compiled by income tax officers D C Aggarwal and Y K Batra.

According to a public interest litigation filed by senior journalist Om Prakash Tapas, the Central Bureau of Investigation did not properly investigate the scandal. Tapas referred to a press report published in the Jansatta newspaper on February 16 which said the income tax department had found black money from at least 17 political leaders whose names figured in the hawala case.

The department, which initiated investigations under the directions of the Supreme Court, found that the following politicians and bureaucrats had unaccounted money: Devi Lal (Rs 9 million Sharad Yadav (Rs 25 million), H K Khan, former chief secretary of Gujarat (Rs 34 million), Pradeep Singh, grandson of Devi Lal (Rs 36 million), Natwar Singh (Rs 11 million), Prakash Bhatia (Rs 5 million), S Krishna Kumar (Rs 55 million), Yashwant Sinha (Rs 4,00,000), Arif Mohammed Khan (Rs 15 million), Kalpnath Rai (Rs 13 million), L K Advani (Rs 1,00,000), Arjun Singh (Rs 6.7 million), N D Tewari (Rs 2.5 million), Buta Singh (Rs 1.5 million), Ranjeet Singh, son of Mr Devi Lal (Rs 1.2 million), R K Dhawan (Rs 8,00,000), Babu Ram (Rs 8,00,000 ), Basan Ravdhakne (Rs 8,00,000) and Ajit Panja (money which he spent on elections and foreign tours).

The PIL said central vigilance commissioner N Vittal gave the list of politicians and government officials to the CBI. ''But the CBI appears to be taking every measure in order to dilute the matter and give time to the accused for creating their defence.''

His advocate A K Singh said the income tax department has not taken any action under provisions of the Income Tax Act and failed to launch any prosecution against the alleged offenders.

The PIL said Aggarwal of the income tax department had found that out of 41 people chargesheeted by the CBI, 22 had unaccountable money. Batra had submitted in his report that of 21 people, 11 had assets disproportionate to their income from known sources.

''There was a connivance among bureaucrats, politicians and criminals and as a result these reports were put into dustbin without bringing to the notice of the court dealing with the hawala case,'' the PIL said. If these reports are produced, it added, they can form very good evidence against the accused as difference of income from known sources as assets recovered would show that payment was made underhand to public servants.

The PIL has urged the court to direct the CBI to register a first information report against those whose names have been supplied by the CVC. Also, the CBI should be monitored by the court and be directed to undertake a time-bound investigation after chargesheeting the accused.

UNI

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