National / World

Sahara diaries case: SC rejects plea for SIT probe against PM, others


New Delhi, Jan 11 (Agencies): The Supreme Court today rejected plea for a court-monitored SIT probe into bribery allegations against Prime Minister Narendra Modi on the basis of documents seized during the raids in business housesSahara and Birla on the ground they had no no evidentiary value.

The case based on "random materials" like loose sheets, papers, e-mail print outs is "merit less" as they are "inadmissible materials" having "no evidentiary value under the law" to order registration of FIR and investigation, more so against the high constitutional functionaries, whose names are mentioned in the documents which has been held as prima facie "fabricated" by income tax settlement commission, the court said.

The high-voltage hearing was conducted by a new bench of Justices Arun Mishra and Amitava Roy which said "courts have to be on guard" while dealing with matters demanding probe against high functionaries as the case in hand was devoid of any "cogent" material or "independent evidence corroborating materials" to order investigation.

The new bench was constituted as Prashant Bhushan, lawyer for the Common Cause, had sought recusal of the then Chief Justice of India-designate, Justice J S Khehar, on the ground that his file for elevation for CJI was pending with the executive headed by the Prime Minister.

"There must be some cogent, reliable and admissible evidence". Otherwise the process of law can be abused to achieve ulterior goals," the court observed dismissing the NGO's plea.

Dissatisfied with the loose sheets, which were claimed to be part of the diary entries of the Sahara Group and Aditya Birla Group, containing entries like "Gujarat CM" and other politicians, the bench said materials placed on record by the NGO, Common Cause were not maintained by the two business housed in the regular course of business.

Another bench of the court had earlier termed the loose sheets and other material "zero material" to order investigation. "In view of the materials placed on record and peculiarity of the facts and circumstances, no case is made out on merits to direct investigation against various political functionaries, officers etc. The interim applications are found to be merit less and are dismissed," the bench said.

The bench also referred to the order passed by the Income Tax Settlement Commission in the Sahara group matter and said that the commission has also found prima facie that materials recovered from the group were not genuine and fabricated.

The court said that independent evidence corroborating materials placed on record was "necessary as to trustworthiness of the documents to fasten liability" and it was apparent from the earlier judgements and laid down law that "loose sheets of papers are not admissible evidence".

"We are constrained to observe that courts have to be at guard while ordering investigation against any important constitutional functionaries. In the absence of some cogent material, the documents on the basis of which investigation is sought is itself inadmissible as evidence," the bench said in its order after a day-long hearing in the matter.

"Irrespective of the fact, we have apprehension even to initiate investigation in the case and if we do so, investigation can be ordered against a person whosoever high in integrity on the basis of entries made by some unscrupulous elements in accounts of book which should not be random and there must be some cogent, reliable and admissible evidence," it said.

The apex court said, "There has to be, in our opinion, some cogent and admissible evidence and some other circumstances to show that person against whom allegations are levelled is involved in the matter or has done some act in that period which may have correlation with random entries.

"In case, we don't insist on all this, the process of law can be abused to achieve ulterior goals and no one can survive in case investigation are readily ordered against constitutional functionaries without cogent materials on record," it said.

It further said, "We find that materials placed on record, either in the case of Birla or Sahara, either excel sheets, diaries, e-mails etc they are not maintained in the regular course of business".

Referring to the order of the IT Settlement in Sahara's case has recorded that transactions shown in the purported documents were "not genuine or not have any evidentiary value".

"It is apparent that purported documents of Sahara have not been relied upon by the IT Settlement Commission in the order dated November 11, 2016. With regard to the payments, the documents have not been relied upon.

"Though, the findings are not binding, when we examine the findings coupled with the orders passed by this court, we are of the opinion that no case is made out on the merits of these documents and materials which are placed on record to direct investigation against anyone named in the documents in Sahara's case," the bench said.

The top court said that the apex court's decision relied upon by the petitioner for seeking investigation was of "no help" to them as the "materials are not good enough to direct registration of FIR".

"The shape in which these documents have been collected and filed and statements made by the officials of Birla Group ... it is not safe and proper to direct investigation in this case," it said.

The bench agreed with the submissions of Attorney General Mukul Rohatgi who referred to earlier judgements of the apex court and said that entries made by unscrupulous persons in papers, diaries were inadmissible evidence.

Comment on this article

  • Shaan, Manglore

    Thu, Jan 12 2017

    Satya meva jayathe

    DisAgree Agree [1] Reply Report Abuse

  • Pinto, BLR

    Thu, Jan 12 2017


    I think in this entire episode "presumption" has been relied more than "facts" as the matter relates to "powerful" people.

    For common people, In future if any IT raid on your business/premises, you can confidently object if they harass you based on any "peace of paper", "chits" etc quoting this episode. Because there can't be double standards.

    DisAgree [2] Agree [5] Reply Report Abuse

  • The Guru, Mangalore

    Wed, Jan 11 2017

    I have a diary in which I have written name of Sonia Gandhi and Rahul Gandhi and I have paid them 50 lakh each... So with pappu logic will they go and sit in jail..

    DisAgree [1] Agree [1] Reply Report Abuse

  • Mohammed, Mulki

    Wed, Jan 11 2017

    we need to first establish one thing.
    Whether we trust the supreme court or not?
    If we trust, then we trust every ruling of its.
    If not, we dont trust any of its.
    We cannot be ive and disapprove it when we dont like the verdict we wanted.

    DisAgree [5] Agree [10] Reply Report Abuse

  • Langoolacharya., Bellman/Washington,DC

    Wed, Jan 11 2017

    Supreme Court also upheld emergency declare d by Indira Gandi....

    Karnataka High Court acquitted J Jaylalita...

    Bombay High Court granted bail to Salman at mid night by opening the bench...

    Indian judiciary shining...

    Churchill must be proud of his prophecy about democracy of India....

    ...JH....

    DisAgree [1] Agree [2] Reply Report Abuse

  • santhu, Manglore/Mumbai

    Wed, Jan 11 2017

    baseless pappu wasting time of everyone...Burnol moment for pappu supports...!

    JAI HO MODIJI...KEEP GOING...

    DisAgree [11] Agree [9] Reply Report Abuse

  • vasu, mangalore

    Wed, Jan 11 2017

    So many cases/So many enquiries/Sony many SIT probes/Media trials/ while BJP was in opposition and while it is ruling have not proved any wrong doing by Modi.Just leave him alone and let him work. Law any where in the world does not work to prove one guy wrong come what may.

    DisAgree [7] Agree [6] Reply Report Abuse

  • neeth, mangalore

    Wed, Jan 11 2017

    Earthquake TUSSSSSSSS....

    DisAgree [15] Agree [18] Reply Report Abuse

  • Vincent Rodrigues., Frazer Town,Bangalore

    Wed, Jan 11 2017

    This gives little doubt of Supreme Court treating PM as different than common man as far as justice is concerned

    DisAgree [20] Agree [31] Reply Report Abuse

  • P.Shirish Kumar Hosabettu, Mangalore

    Thu, Jan 12 2017

    Mr.Vincent,what you did not get doubt during Rajeev Gandhi, Sonia Gandhi, Robert Varda, Manmohan Sing etc etc got clear chit from SC for Multi million corruption deal.

    DisAgree [1] Agree Reply Report Abuse

  • kas, Mangalore

    Thu, Jan 12 2017

    So you admit that Modi is also in the same Queue .....

    DisAgree Agree [2] Reply Report Abuse

  • Langoolacharya., Bellman/Wash DC

    Wed, Jan 11 2017

    We need pho ranger justices... Churchill was right when he said what he said before 70 years about independent India...

    I salute him for his accurate predictions...

    ...JH...

    DisAgree [7] Agree [19] Reply Report Abuse

  • Langoolacharya., Bellman/Wash DC

    Wed, Jan 11 2017

    PHIRANGHEE.....

    DisAgree [2] Agree [7] Reply Report Abuse

  • Swamy, Mangalore

    Wed, Jan 11 2017

    House built on a foundation of lies, treachery, deception has to collapse one day and razed to nether world.

    DisAgree [7] Agree [17] Reply Report Abuse

  • John R Lobo, Kaikamba

    Wed, Jan 11 2017

    In Israel and S Korea PM 's are Investigated / prosecuted and removed from their Post later Jailed. Even President also prosecuted and Jailed for rape in Israel though he got IMMUNITY.

    One thing is clear, till we have IMPARTIAL Investigation and prosecution of politicians, India will not become super Power.....

    DisAgree [8] Agree [28] Reply Report Abuse

  • Gangaram, Moodbidri

    Wed, Jan 11 2017

    Is that mean by SC PM and other politicians are different than comon cityzens???

    why cannot conduct an inquiry instead dismissing it totaly?

    If Modi is so clean why he cannot come clean from inquiry??

    DisAgree [13] Agree [30] Reply Report Abuse

  • Ravi, Kapu

    Wed, Jan 11 2017

    Gangaram, Moodbidri
    Its over. The raids were conducted on 2013-14. Those days, CONgress govt was in power and targeting Modi everyday. Why was no action taken against Modi then??

    DisAgree [17] Agree [13] Reply Report Abuse

  • kas, Mangalore

    Wed, Jan 11 2017

    Bcoz.....Dixit name was appearing ....

    DisAgree [1] Agree [8] Reply Report Abuse

  • Gangaram, Moodbidri

    Wed, Jan 11 2017

    dont be too smart Ravi,

    Income tax raided in 2014 november and with in 6 months they need to file the report but by then Modi govt came to power in May and report never came out. just check all the news just dont bluff here.

    If you bakths are so honest request PM to go go for self inquiry to show the nation he is dood kh dulah...

    DisAgree [8] Agree [19] Reply Report Abuse

  • Ravi, Kapu

    Wed, Jan 11 2017

    Gangaram, Moodbidri
    I understand your frustration. While UPA was in power, Modi was harassed everyday. Now when Modi is in power, they try to defame him

    DisAgree [13] Agree [6] Report Abuse

  • ca girishkk, m'lore/dxb

    Wed, Jan 11 2017

    SC ruled that documents are not credible.., the legal point here is the content mentioned in the document...,
    There may be a banking transaction trail to prove...,

    Hence, the new petition can be considered to where is the credible document or is there any other credible document with similar facts with somebody's possession to prove that this document is faku one...,

    lot of questions ..., than answers..,
    no issue..., let us wait for the eternal justice...,

    jai ho..,

    DisAgree [6] Agree [11] Reply Report Abuse

  • George Lawrence, karkala

    Wed, Jan 11 2017

    MODI IS EXTRA CLEAN?

    DisAgree [6] Agree [12] Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Wed, Jan 11 2017

    Something interesting.., mmmmmm.... what are all things we get or come with Extra ......????

    lol

    DisAgree [3] Agree [8] Reply Report Abuse

  • alan, mangalore

    Wed, Jan 11 2017

    No. not at all, rather the Justice system is Extra dirty

    DisAgree [2] Agree [5] Reply Report Abuse

  • jeevan, mangalore

    Wed, Jan 11 2017

    Pappu must ask the apology of the nation for levelling baseless allegation aginst our PM.

    JAI HO MODIJI

    DisAgree [23] Agree [11] Reply Report Abuse

  • Kamal R. Kandinje, Mangalore

    Wed, Jan 11 2017

    Modi SC rules...call them bluff but not Sahara diaries.

    DisAgree [12] Agree [8] Reply Report Abuse

  • Govinda, Manipal

    Wed, Jan 11 2017

    Anything is possible under  feku government

    DisAgree [21] Agree [32] Reply Report Abuse

  • Ravi, Kapu

    Wed, Jan 11 2017

    Govinda, Manipal
    Speaking just like Pappu. Earthquake. LOL

    DisAgree [23] Agree [12] Reply Report Abuse

  • kas, Mangalore

    Wed, Jan 11 2017

    What is wrong in conducting an enquiry , instead of totally dismissing ....This proves dal me kuch kaala hai .... Let Modi come out clean in the enquiry ...

    DisAgree [17] Agree [24] Reply Report Abuse

  • jeevan, mangalore

    Wed, Jan 11 2017

    Court wont accept fictitious and not authentic documents ....

    DisAgree [11] Agree [14] Reply Report Abuse

  • PAM Suvarna, Karla

    Wed, Jan 11 2017

    File appeal against this verdict of SC.

    DisAgree [3] Agree [15] Reply Report Abuse

  • kas, Mangalore

    Wed, Jan 11 2017

    Jeevan and PAM......just stand in front of your god or in a temple and say that Modi is clean and has not taken those bribes ....That is enough for me... I will not argue further with you ....

    DisAgree Agree [1] Reply Report Abuse

  • sadanand, udupi / Delhi

    Wed, Jan 11 2017

    any... takers?? Pappu again failed!!!!!

    DisAgree [14] Agree [11] Reply Report Abuse

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Title : Sahara diaries case: SC rejects plea for SIT probe against PM, others


 
 
 
 

 
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