Supreme Court says no to probe into political donations

New Delhi: The Supreme Court on Friday declined to entertain at this stage a plea seeking an SIT probe into allegations of pay-offs to politicians, including Prime Minister Narendra Modi, the then Gujarat chief minister observing that no enquiry can be ordered on the basis of computer entries on pay-offs.

A bench of Justices J.S. Khehar and Arun Mishra told senior counsel Shanti Bhushan, appearing for NGO Common Cause and senior lawyer Ram Jethmalani, that there has to be something prima facie to order an investigation. Justice Khehar observed, “We are not shying away from taking action. But this can’t be done on the basis of this material. We can’t initiate proceedings because somebody is a big man. For ordering a probe, there has to be some suspicion. The materials you have produced don’t allow us to have any suspicion. This is zero material. It is an insinuation.”

Earlier Mr Bhushan argued that there has to be a thorough investigation and further action on the Sahara/Birla documents — allegedly detailing illicit payouts to political functionaries — recovered by the authorities in their raids. He alleged that despite sufficient evidence of the commission of offences of corruption, bribery, possession of black money, disproportionate assets, and tax violations, the CBI and the I-T department did not take appropriate action by conducting a thorough probe.

The counsel argued that the documents ought to have been shared by the I-T department with the CBI and SIT on black money, since the matter was not limited to I-T violations. There is no reason to believe that the materials and documents are not genuine to order an enquiry, he said.

Attorney General Mukul Rohatgi submitted that the petition is scandalous and kite flying. When he said “Tomorrow I can also level allegations against Supreme Court judges”, Justice Khehar said in lighter vein “don’t do that Mr. AG”.

Justice Khehar told Mr. Bhushan “somebody leveling allegations against Prime Minister that he paid a bribe has far reaching consequences. If it is a computer entry then the whole country can be roped in. You come with better authentic materials then we will consider.” Mr. Jethmalani and Mr. Bhushan agreed to file additional materials and the bench posted the matter for further hearing on December 14.