Bookmark Kaumudi Online  Bookmark this site  Editor@Kaumudi  |  Marketing  Print Advt rates  |  Calendar 2012        Go!    
 
 
May 24, Wednesday 2017 6:52 PM       

       HEADLINES: Thomas penned book without govt’s permission, says report                                              Ancheri Baby murder: Court asks Minister Mani to appear on June 7                                              CM supports Behera in paint controversy                                              There’s proof against Mani in bar bribery case, govt tells HC                                              UDF walkout over IAS officers rift                                              Bengal CPM seeks third term for Yechury                                              Pak court allows Indian woman to return home                                              UK terror attack: Prez for intensifying fight against terrorism                                              Nepal PM Pushpa Kamal Dahal 'Prachanda' resigns                                              Pak hangs two terrorists involved in Peshawar school massacre                                              IS kills five in first suicide attack in Somalia                                              Ashwin wins International Cricketer of the Year award                                              Kaumudi Facebook
       INDIA Next Article: Bagdogra-bound flight develops snag, returns to Delhi  
       Sahara diaries case: SC rejects plea for probe against PM, others
 
         Posted on :20:52:17 Jan 11, 2017
   
A A
       Last edited on:20:52:17 Jan 11, 2017
         Tags: Sahara diaries case, SC, PM, others
 
NEW DELHI: The Supreme Court today rejected plea for a court-monitored SIT probe into bribery allegations against Prime Minister Narendra Modi on the basis of documents seized during the raids in business houses--Sahara and Birla-- on the ground they had no no evidentiary value.
 
The case based on "random materials" like loose sheets, papers, e-mail print outs is "merit less" as they are "inadmissible materials" having "no evidentiary value under the law" to order registration of FIR and investigation, more so against the high constitutional functionaries, whose names are mentioned in the documents which has been held as prima facie "fabricated" by income tax settlement commission, the court said.
 
The high-voltage hearing was conducted by a new bench of Justices Arun Mishra and Amitava Roy which said "courts have to be on guard" while dealing with matters demanding probe against high functionaries as the case in hand was devoid of any "cogent" material or "independent evidence corroborating materials" to order investigation.
 
The new bench was constituted as Prashant Bhushan, lawyer for the Common Cause, had sought recusal of the then Chief Justice of India-designate, Justice J S Khehar, on the ground that his file for elevation for CJI was pending with the executive headed by the Prime Minister.
 
"There must be some cogent, reliable and admissible evidence". Otherwise the process of law can be abused to achieve ulterior goals," the court observed dismissing the NGO's plea.
 
Dissatisfied with the loose sheets, which were claimed to be part of the diary entries of the Sahara Group and Aditya Birla Group, containing entries like "Gujarat CM" and other politicians, the bench said materials placed on record by the NGO, Common Cause were not maintained by the two business housed in the regular course of business.
 
Another bench of the court had earlier termed the loose sheets and other material "zero material" to order investigation. "In view of the materials placed on record and peculiarity of the facts and circumstances, no case is made out on merits to direct investigation against various political functionaries, officers etc. The interim applications are found to be merit less and are dismissed," the bench said.
 
The bench also referred to the order passed by the Income Tax Settlement Commission in the Sahara group matter and said that the commission has also found prima facie that materials recovered from the group were not genuine and fabricated.
 
The court said that independent evidence corroborating materials placed on record was "necessary as to trustworthiness of the documents to fasten liability" and it was apparent from the earlier judgements and laid down law that "loose sheets of papers are not admissible evidence".
 
"We are constrained to observe that courts have to be at guard while ordering investigation against any important constitutional functionaries. In the absence of some cogent material, the documents on the basis of which investigation is sought is itself inadmissible as evidence," the bench said in its order after a day-long hearing in the matter.
 
"Irrespective of the fact, we have apprehension even to initiate investigation in the case and if we do so, investigation can be ordered against a person whosoever high in integrity on the basis of entries made by some unscrupulous elements in accounts of book which should not be random and there must be some cogent, reliable and admissible evidence," it said.
 
The apex court said, "There has to be, in our opinion, some cogent and admissible evidence and some other circumstances to show that person against whom allegations are levelled is involved in the matter or has done some act in that period which may have correlation with random entries.
 
"In case, we don't insist on all this, the process of law can be abused to achieve ulterior goals and no one can survive in case investigation are readily ordered against constitutional functionaries without cogent materials on record," it said.
 
It further said, "We find that materials placed on record, either in the case of Birla or Sahara, either excel sheets, diaries, e-mails etc they are not maintained in the regular course of business".
 
Referring to the order of the IT Settlement in Sahara's case has recorded that transactions shown in the purported documents were "not genuine or not have any evidentiary value".
 
"It is apparent that purported documents of Sahara have not been relied upon by the IT Settlement Commission in the order dated November 11, 2016. With regard to the payments, the documents have not been relied upon.
 
"Though, the findings are not binding, when we examine the findings coupled with the orders passed by this court, we are of the opinion that no case is made out on the merits of these documents and materials which are placed on record to direct investigation against anyone named in the documents in Sahara's case," the bench said.
 
The top court said that the apex court's decision relied upon by the petitioner for seeking investigation was of "no help" to them as the "materials are not good enough to direct registration of FIR".
 
"The shape in which these documents have been collected and filed and statements made by the officials of Birla Group ... it is not safe and proper to direct investigation in this case," it said.
 
The bench agreed with the submissions of Attorney General Mukul Rohatgi who referred to earlier judgements of the apex court and said that entries made by unscrupulous persons in papers, diaries were inadmissible evidence.
A A
       INDIA
Next Article: Bagdogra-bound flight develops snag, returns to Delhi
 
 
INDIA HEADLINES
UK terror attack: Prez for intensifying fight against terrorism  
Elderly man burnt to death in house fire  
Chandraswami cremated, with little fanfare and no VIPs  
Miraculous escape for man as car falls off bridge  
Sixth accused in Babri Masjid case gets bail  
PAF jets fly near Siachen, Indian air space not violated says IAF  
Modi announces ex gratia Rs 2 lakh for Uttarakhand victims  
Five youths drown in river in UP  
Pak court allows Indian woman to return home  
One killed in fresh violence in UP after Mayawati’s rally  
Bengal CPM seeks third term for Yechury  
Water tanker scam: Kapil Mishra quizzed by ACB  
Encounter breaks out in Pulwama  
BSF, Pak Rangers hold commander-level meeting on border  
Maj. Gogoi defends his act, says he saved 12 lives  
Autopsy report suggests Asphyxia as cause of IAS officer Anurag Tiwari death  
Case against seven Tamil actors after failing to appear in court  
Rajini fans stage protest against fringe outfits  
Indian Army destroys Pak posts in Nowshera, releases video  
'Fake degree' row back to haunt Smriti Irani as fresh petition filed  
Man held for objectionable FB posts on Adityanath  
Cow vigilantes not above law: Athawale  
Sukhoi aircraft missing near China border  
Tanker scam: Mishra to appear before ACB for questioning tomorrow  
Tejas Express flagged off for debut run  
 
Do you support girl's action against 'Swami', who allegedley abused her?
yes
 
no
 
don't know
 
 
 
Home Kerala India World Business Sports Sci&Tech Education Automobile CityNews Movies Environment Letters 
© Copyright keralakaumudi Online 2011  |  Reproduction in whole or in part without written permission is prohibited.
Head Office Address: Kaumudi Buildings, Pettah P.O, Trivandrum - 695024, India.
Online queries talk to Deepu Sasidharan, + 91 98472 38959 or Email deepu[at]kaumudi.com
Customer Service -Advertisement Disclaimer Statement   |  Copyright Policy