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Sloppiness or cover up v It is now becoming increasingly clear that there are more skeletons in the UPA's cupboard which the government is aware of and is desperate to cover up | The focus in the country once again is on the black money stashed abroad. The Supreme Court's de cisio | Sunita Vakil | 7/10/2011 1:14:59 AM |
| n to appoint a special investigation team to probe black money stashed by Indians in tax havens is an indictment of the UPA government and the sloppy way in which it has handled the issue. It thoroughly exposes the incompetence and ineptitude of the UPA government headed by Prime Minister Manmohan Singh. The Supreme Court order also tantamount to censuring the government for its failure to act urgently and immediately on what is, no doubt a matter of national concern. But we really need to think - is there more to it than meets the eye? It is now becoming increasingly clear that there are more skeletons in the UPA's cup board which the government is aware of and is desperate to cove up. That the court has stopped short of saying the government is trying to protect the guilty with its flimsy excuse of double taxation agreements sounds relevant in this context. It also ridicules the UPA's claim that eradicating corruption is its top priority. It hardly bears any reiteration that black money is eating into our economy. Given how the government has been dragging its feet regarding the issue of black money, the SIT could act as a welcome antidote. The Supreme Court initiative is seen as a clear distrust in government's handling of black money pursuit. The country's highest court has therefore taken upon itself the oversight of the government's efforts to clears the economy of black money. Exasperated over the Congress led UPA government' lackdaisidal approach, the Supreme Court has ordered the setting up of a special investigation team to monitor and probe the accumulation of illegal money by Indians nationals and entities operating in this country and abroad. The SIT will have a former judge of the Supreme Court as its chairman and another retired judge as its deputy chairman. The other members of the team will include the heads of CBI, RAW, IB, CBDT, ED and other senior officials who can possibly play a role in probing the accumulation of money abroad, their use and those culpable. The comprehensive mandate of the SIT includes "investigation, initiation of proceedings and prosecution" involving civil and criminal proceedings, arising not only from the case relating to that of Hasan Ali and Kasinath Tapuria but also from any other investigation pending, already commenced or waiting to be commenced in respect of unaccounted for money in foreign banks. Indeed, the Supreme Court has pulled up the Union government in no uncertain terms for its lack of seriousness to probe the matter. It also condemned the " inertia" of the "soft state" due to which the unholy nexus between law makers, law keepers and law breakers remains intact. Justifiably, the court was outraged over the Centre's inabilit to track the extent of money deposited by Indian's abroad, the source of these funds and the possible use of these huge monies despite clear leads that linked Hassan Ali with arms dealers. That the Supreme Court had to resort to the unprecedented measure of appointing a special investigation team to find and repatriate black money not only shows the government in a poor light but also implies that on its own, it was unwilling or incapable of the task. Hopefully, the SIT will deliver what the government appointed 10 member high powered committee could not due to very obvious reasons. But unless it comes to grips with the overall pathology of black money, India will continue to remain vulnerable to corruption. The landmark order, which came after eminent citizens like senior lawyer Ram Jethmalani, former IPS officer KPS Gill and Chief Election Commissioner J.M. Lyndog filed a PIL requesting the Apex Court to take necessary steps, is also a sign of a huge trust deficit. It needs no repeating that while the UPA regime has been reluctant to take any steps to bring back black money hidden abroad, it has left no stone unturned to scuttle civil society movement against corruption. The midnight assault by Delhi Police on Baba Ramdev's supporters is a case in point. And all that the Yoga guru had been demanding was that the government disclose the names of those who own black money and indulge in money laundering. Thanks to the criminal abdication of his responsibility to clean the augean stables, the Supreme Court's decision is a clear vote of no confidence in the Manmohan Singh govern- ment's capacity and willingness to track unaccounted wealth. This, of course, is not the first time the Court has ventured into and occupied a corner of the executive's turf. Ironically the first time the Court had taken such an extreme decision was also in a case of mega corruption, the notorious to 2G Scam. In an appalling trend, the Court had to step in again to fill the breach created by the government's apathy towards corruption and financial malpractices. However, the UPA regime alone cannot be blamed for the black money problem. Indeed, none of the political parties has shown any commitment to retrieve the illegally stashed money abroad. As such, no previous government has exhibited a sense of urgency to bring back black money from safe havens. This notwithstanding the fact that the amount is estimated to be a whooping Rs. 500 Billion approximately. The apex court's intervention is therefore a step in the right direction. After all, this is our national wealth that should be used for the betterment of the country. Hence the need to retrieve it at the earliest. Indeed, corruption has become so all pervasive that it threatens national security. It gives a flip to terrorism by facilitating the inflow of funds and making passports and other documents available to terrorists easily. But now that the apex court has stepped in there is a hope that stern action will be taken and exemplary punishment will be meted out to corrupt individuals who rob their own nation. The judiciary-which scores high in public esteem is expected to make a huge contribution towards ending the problem of black money. It remains to be seen how the Centre reacts to this judicial overreach. One wonders if it will cry foul at the apex court oversteeping its jurisdiction or more sensibly, make Court's initiative work to its advantage. There is every reason to laud the Court's action of redressing all pervasive corruption as it will send a powerful message down the line. The government could start by putting in place a mechanism that effectively prevents people from amassing wealth illegally. At the same time, the movement of black money across the border also needs to be restricted. The author is a Delhi based Senior Journalist |
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