Skip to main content

Terms of reference of Modi govt's SIT on black money has "ignored" crucial directions by Supreme Court

MB Shah, head of SIT
By Our Representative
Terms of reference (ToR) for the new special investigation team (SIT) on black money, set by the Narendra Modi government, is learnt to have missed two crucial directions given by the Supreme Court in July 2011. The Commonwealth Human Rights Initiative (CHRI), in a statement, has said that on page 66 of its judgement, the apex court had ordered that the SIT “must take over the investigation of individuals with bank accounts in Liechtenstein, as disclosed by Germany to India and expeditiously conduct the same”. At the same time, it had added, "The SIT should review concluded matters to assess whether investigations have been thoroughly and properly conducted, if they conclude is there a scope for further investigation”.
The CHRI says, “On May 1 the Government of India had said investigations had been concluded against 18 of the 26 individuals that had bank accounts in Liechtenstein. These names were received from Germany and investigation had concluded in 17 cases. No evidence was found against eight and the investigation had been concluded against them…" It insists, "Technically, the ToR should have included reopening of these cases to assess whether everything was properly done and if there is any need to proceed further.” Signed by Venkatesh Nayak, programme coordinator, CHRI, the statement adds, “The current ToR published in the gazette do not explicitly refer to these two directions.”
Welcoming the setting up of the SIT as “a reversal of previous government policy on this subject”, Nayak says, “The previous Government had opposed this direction despite a clear order from the Supreme Court in 2011.” Headed by Justice (retd) MB Shah with Justice Arijit Pasayat as vice-chair, Nayak regrets, however, “The rest of the members are the same ex-officio senior bureaucrats who were part of the High Level Committee set up by the previous government to look into the cases of persons who were said to have stashed away money in foreign banks abroad.”
“The SIT is an outcome of the directions of the Supreme Court of India in the matter of Ram Jethmalani and Ors. vs Union of India and Ors judgment delivered in July 2011. With the exception of the retired judges and bureaucrats of the finance ministry, all other members are representatives of organisations notified under the Second Schedule of the Right to Information Act, 2005 (RTI Act) which are not required to furnish any information other than that pertaining to allegations of corruption or violation of human rights”, Nayak points out, suggesting, this makes application of the RTI on SIT particularly important, especially when the SIT will be wholly financed by the Government of India.
The whole case, according to CHRI, was born because of an RTI application seeking “to disclose the names of the bank account-holders that Germany handed over to the Central Government”, Nayak says, adding, “The previous government adamantly refused to follow the directions of the court to hand over to the RTI petitioners the names of individuals against whom investigations had been completed wholly or partially.” Only “last month the Government of India handed over two sealed envelopes containing the names of the account-holders to the court”.
While the “court directed that the names be handed over to the petitioners”, the statement regrets, these names “have not been made public by the government, officially till date. There is no reference to this direction in the ToR of the SIT either. The NDA government could change policy in this regard as well and publicise the names contained in the sealed envelopes, as it would only be dutifully following the directions of the court. Such a step would demonstrate the NDA government's commitment to transparency as a real one going beyond mere public relations exercises.”
Pointing out that the case is particularly important for all RTI users and activists who receive rejection orders from Public Information Officers (PIOs) and First Appellate Authorities on the ground that contracts with private parties contain confidentiality clauses and cannot be disclosed under the RTI Act, the statement says, “In this case also the Government of India, under the UPA, refused to make the names of the account-holders public saying that Germany had handed over their names to Indian authorities under a tax agreement that contains a 'confidentiality' clause.”

Comments

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.

Gender violence defies stringent laws: The need for robust social capital

By Dr. Manoj Kumar Mishra*  The tragic death of Miss Soumyashree Bisi, a 20-year-old student from Fakir Mohan College, Balasore, who reportedly self-immolated due to harassment, shocked the conscience of Odisha. Even before the public could process this horrifying event, another harrowing case emerged—a 15-year-old girl from Balanga, Puri, was allegedly set ablaze by miscreants. These incidents are not isolated; they highlight a disturbing pattern of rising gender-based violence across the state and the country.