March 8: The Supreme Court asked the government why the same officers should not be entrusted with the Hasan Ali Khan investigation if they were removed due to “pressure” form some quarters. Acknowledging that four officers, probing the black money case, particularly against Hasan, were removed from ED, the Solicitor-General, Mr Gopal Subramaniam, said they were on deputation and were “repatriated” on completing their tenure.
The SG said at least one officer among them — Mr Ashok Desh Bharatrar — should be involved in the investigation as he had the knowledge of the case. “I have asked whether he has been victimised and (if so) for suitable action,” the SG submitted.
The senior advocate, Mr Anil Diwan, arguing a PIL on the black money, extensively quoted form a report published on Tuesday referring to certain statements of ED officer Mr A.K. Singh, who had probed Ali’s passport case but allegedly “victimised” for this.
Mr Diwan said Mr Singh had stated that the ED did not find it necessary to summon the arms dealer, Mr Adnan Khashoggi, for questioning regarding his “dealings” with Ali. “On the one hand ED is saying the investigation is on, on the other it is going for adjudication proceedings against him. How can the two things go together,” he asked.
“Some old officers continuing and doing nothing will not do as the case has been under probe for past four years,” said Mr Diwan, adding, “the man (Ali) will speak sometime, therefore, he should be given immunity as is done in the US to catch the bigger fish.”
Responding to his arguments, a bench of Justices B. Sudershan Reddy and S.S. Nijjar said, “We have already expressed our concerns on the issue. But we now understand that ED director himself is in charge of the investigation.”
On the question of adjudication, the court said such proceedings would have no meaning as long as the SC is monitoring the probe. However, on removal of the four officers, including Mr Singh and Mr Bharatrar, the court asked ED to file an affidavit with specific details whether they were repatriated on completion of their deputation or otherwise.