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What is Ex-SC Judge of dubious credentials Arijit Pasayat doing in SIT on black money?


Justice Arijit Pasayat is a UPA stooge. He was the one who delivered unprecedented and exceptional judgments in the Gujarat riot cases and targeted Gujarat and Modi until the last moments of his tenure and did his best to implicate Modi somehow in those cases, apparently under instructions from the top bosses of the UPA. He worked in cahoots with Modi baiters like Teesta Setalwad and other celebrities including Javed Akhtar and Mahesh Bhatt. They seemingly had access to his inner chambers and every Gujarat case would invariably land on his table certainly not by chance but by design. He was part of the grand plot to assassinate Modi politically.

Pasayat is the only judge in the history of the Supreme Court of India who suffered the ignominy of ‘chappals’ being thrown at him by litigants not just once but thrice.

Within a few weeks after his retirement he was offered the post of the Chairman of the Competition Commission Appellate Tribunal as a reward for his services to the UPA regime. He completes his term at the Tribunal and lo and behold is promptly made the Vice-Chairman of the SIT, which is reconstituted for some strange reasons to accommodate him.

And Ravi Shankar Prasad, the law minister of the newly formed Modi government, readily gives his clearance to the SIT headed by a former SC Judge M.B. Shah. It’s the Supreme Court that has formed the SIT and handpicked judges of its choice to investigate cases of black money stashed abroad. 

Prasad does not even care to find out how and why Arijit Pasayat was made part of the SIT. He also makes it look as if the SIT has been constituted by the new Government as the fulfillment of the promise made to the people of India by the present Prime Minister. But that was not the promise. The promise was to get the black money back.

So, who will now be answerable and accountable to the people of India if the SIT fails to unearth black money in Swiss bank accounts and bring it back to India?

Will the present CJI and the just retired Justice Sathashivam and the other SC judges who played key roles in the formation of the SIT be held accountable? Obviously not. They are not even accountable for their bad judgments.

Has anyone held Arijit Pasayat accountable for his atrocious and obviously motivated decisions in the Gujarat riot cases? In any other country he would have been declared unfit to be a judge and would have been impeached for his judgments and pronouncements that are not even considered worth quotable precedents by Indian courts. Here, in India, he is offered plum assignments post retirement.  

So, who will be ultimately accountable for the failure of the SIT? Obviously Narendra Modi. His speeches will be cited as proof of his promise. And Narendra Modi has no control over the investigations that may be undertaken by the SIT. He cannot even question the SIT since it will be reporting to the SC. He can helplessly sit and watch and even pay for its follies from his depleted exchequer.

May I ask why the SIT has to be headed by a retired SC judge with another SC judge of questionable credentials as his deputy? What is the expertise of these judges in investigating cases? They have never done any investigation work in their lives. Do they know how to extract information through sustained interrogation of a suspect? Will they interrogate Sonia Gandhi who is believed and reported to be the fourth richest person on the earth on the strength of her ill-gotten wealth stashed abroad?

And I would like to ask Arun Jaitly and Ravi Shankar Prasad if they are going to take every shit offered to them by the present SC on its face value without even a whimper? Do they not know the antecedents of these SC judges? Is it not their duty to question the pronouncements of the SC that was recently headed by a judge whose conduct in the Sanjay Dutt conviction case was so appalling? Are they not aware that the SC is apparently filled with pro-Sonia minions, like she filled up other constitutional bodies like the EC with her stooges?

The Government must stand up to the Supreme Court judges and look into their eyes and tell them point blank not to play partisan politics. Not doing so will be a mistake. They will make the functioning of this government difficult and thus it won't be able to keep the promises made to the people of India. The corrupt crony infra-structure of Congress party and Sonia Maino must be dismantled ASAP. The governors should be recalled at the earliest and the colluding bureaucrats should be sent packing in the key ministries.

The present government must question the attempts of the present Supreme Court and the rest of the judiciary to impinge on the turf of the executive. It must send a clear signal that these attempts will not be tolerated and accepted. It should forewarn the CJI and the Sonia stooges that their attempts to browbeat the government will not only be resisted but spurned even if it leads to a constitutional crisis.

Prime Minister Narendra Modi cannot afford his authority to be undermined in any way by another constitutional body. He must take back his right to govern India from the rogue SC judges bent upon abusing the absolute powers vested in them and who have been encroaching on the executive turf with immunity so far. The formation of the SIT by the SC takes away the present government’s prerogatives and thus should be considered unacceptable.

I don’t know what remedy is available to the government to correct the situation now. I don’t know what are the terms of reference of the SIT. If it’s supposed to investigate only those cases of foreign bank account holders that appear in the Liechtenstein list the Germans provided to the Government of India, the Modi government has some leeway. It can form its own team of investigators, independent of the SC, and work towards fulfilling its poll promise. 

Here is an afterthought. If the Government of India had the authority to give a go-ahead to the SIT, it must also have the authority to reconstitute it. So, I would like to suggest to the Finance Minister and the Law Minister to reconstitute the SIT and keep corrupt and compromised judges like Arijit Pasayat out of it. In fact a retired or working judge heading the SIT will become an inherent deterrent for the investigating officers who will be under pressure to go by the book.

The Government of India should also institute another enquiry into the deep-rooted gargantuan conspiracy that went on for nearly 12 years to malign Gujarat and fix Modi by hook or crook by a group of corrupt bureaucrats, police officers, judges, top-level UPA politicians, ministers, and wily activists.

Rajesh Kumar Singh