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The Union government has distanced itself completely from the oral arguments of former Solicitor-General Gopal Subramaniam in the black money case if they amounted to giving any “concession” to the Supreme Court on the issue of setting up of the special investigating team to probe various aspects of the generation of unaccounted wealth.
This has come out in the review petition filed by the Centre’s law officers in consultation with the finance minister Pranab Mukherjee, seeking a recall of the order or the formation of SIT under two former Supreme Court judges, while the government claimed its “sole prerogative” on the issue bracketed by it as falling in the domain of “economic policy” leaving no room for the judiciary to ponder over it.
Though the Centre has stated that Mr Gopal Subramaniam on being specifically questioned about his arguments in a meeting with high functionaries, had said that he “made no statements, concessions, admissions and acknowledgments” to the court on the issue in his oral arguments, the government said if at all he had made any such submissions, it was without any “implied authority or instructions”.
“It is submitted that the records of the applicant (government) also reveal that no such authority was conferred, nor any instructions were given to make any such concessions, admissions, statements and acknowledgements. It is further stated that implied authority to counsel to conduct the case does not cover such statements,” said the petition appended by secretary department of revenue, chairman of Central Board of Direct Taxes and Director Enforcement.
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