NEW DELHI: India’s top court on Tuesday ordered the government to within a day disclose the names of all people suspected of stashing money in foreign banks beyond reach of tax authorities.
The government said it would comply with the order and provide the names — which could total many hundred — to the court in a sealed envelope.
“The government shall place the list before the court because the government has already given it to the court-constituted Special Investigating Team,” Finance Minister Arun Jaitley told reporters.
He did not say whether the government would make the list public.
The right-wing Bharatiya Janata Party, which took power in May, had accused the previous Congress government of failing to get tough on the issue that has become a political lightning rod.
On Monday, the government disclosed to the court names of seven people and one company it said were being prosecuted over accusations of concealing foreign assets from income-tax authorities.
But critics accused the government of “drip-feeding names” and seeking to shield powerful people prompting Tuesday’s Supreme Court order.
“Why are you trying to protect people having bank accounts in foreign countries?” Supreme Court chief justice H.L. Dattu asked government lawyers on Tuesday.
Attorney general Mukul Rohatgi’s fervent plea that it can disclose names only after conducting probes on illegality of bank accounts was outright rejected by the bench which asked the government not to do anything but provide all information to it and the court would direct investigation to be done by SIT or any other agencies including CBI.
At the end of a 30-minute hearing, attorney general said the government has received 500 names of account holders from different countries like Germany.
The CJI asked the Center not to indulge in any kind of probe by itself and said that investigation would never complete in his lifetime if it is done by the government.
“You do not do anything. Just pass information of account holders to us and we will pass order for further probe,” the bench, also comprising justices Ranjana Prakash Desai and Madan B Lokur, said.
“We can’t leave the issue of bringing back black money to government. It will never happen during our time,” it said adding, “Why are you providing protective umbrella to foreign bank account holders?“
The bench brushed aside the contentions of AG that disclosing account holders’ names would violate their right to privacy of those who have legitimate accounts and the names can be revealed only after a prima facie case of tax evasion is made out.
“You do not have to take interest in people (having foreign bank accounts). SIT will take care of it,” the bench said setting a deadline for tomorrow to place all those names.
The court directed the Center not to give “one, two, or three names of account holders but the entire list supplied to it by the foreign countries“
Indian rumor mills have been in overdrive about who may be on the so-called “black money list,” including corrupt politicians and major business tycoons.
“The truth about these names and also these accounts must come out so that penal action can be taken against the people and the money lying there can be brought back to India,” Jaitley said.
Those named so far — who include Pradip Burman, a former director of India’s prominent Dabur food group — have denied breaking the law.
Jaitley said Monday the government wanted to only release the names of people against whom it had “prosecutable evidence.” Opponents of making the names public say some of the individuals may have legitimate accounts abroad and releasing their identities would unfairly tarnish reputations.
In 2011 French authorities informed India of around 700 Indians with Swiss accounts. The information came from a data leak by a bank employee.
Other people are believed to have bank accounts in tax havens such as Lichtenstein and the British Virgin Islands.
The judge’s ruling follows petitions from legal activists who have been aggressively seeking the disclosure of the names.
There is no firm estimate of the amount of untaxed black money in foreign bank accounts but anti-corruption activists believe it totals hundreds of billions of dollars.
“Why are you trying to protect people having bank accounts in foreign countries. Why are you providing a protective umbrella for all these people. The order was passed in open court in the presence of solicitor general and the new regime can’t ask modification of order. We cannot touch our order and we won’t change even a word of it,” a visibly annoyed Chief Justice HL Dattu, who was heading the bench, said.
Delhi top court orders release of all ‘black money’ names



