Thursday, 3 March 2011

SUPREME COURT CRACKS THE WHIP by Adv. Aires Rodrigues, Ribandar

The Supreme Court of India has rightly cracked the whip in ensuring the exit of tainted Chief Vigilance Commissioner PJ Thomas. Now the case against the former Chief Justice of India KG Balkrishnan should also be brought to a logical conclusion. Public interest litigation is an outcome of judicial activism.The concept of PILs has, over the years grown and expanded to cover all types of litigations involving the interests of the general public.
Filing a PIL is no easy task. A lot of time has to be spent on researching the issue being raised. You have to also be ready to endure the backlash and tirade of the forces to be. This should never deter citizens from using this channel to highlight issues concerning the public concern and expose the illegalities committed by those in power.
It would be nice to see our courts being more proactive and taking suo motu cognizance of issues of public interest. This would, in a way,help ensure a PIL does not end up as a Private Interest Litigation, Political Interest Litigation, Publicity Interest Litigation or worse still, a Paisa Interest Litigation.

3 comments:

  1. N.Fernandes-London4 March 2011 at 04:05

    **** I hope Goa`s corrupt Politicians can firstly read and understand this article and then take notice that they are being watched.
    Like those Dictators in Egypt,Tunisia and Libya + others their day of reckoning will come.
    the Churchills, Monserattes,Ranes,Madkaikar,Dhavalikars,Kamats,NAiks etc better watch out.We Goans are coming at the right time to place you where you truly belong.....and all the stlen money must be returned.Yiur children will have to do this too.Instead of a BMW car...please put your deposit for a VW car.Instead of a Penthouse, look forward to a "COURT HOUSE".Instead of a QUEENY NAGAR...look forward to a NOVASAGAR Chemical.Instead of owning MINES...look forward to rearing SWINES. *****
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    India court alarm over 'theft of national money'

    India's underground economy accounts for 50% of GDP, the report says Continue reading the main story
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    Reforming India's maddening tax system
    India's Supreme Court has said that the practice of illegal funnelling of wealth overseas by Indians is a "pure and simple theft of national money".

    The court also asked what the government was doing to retrieve the illegal money in foreign banks.

    US-based group Global Financial Integrity has said that India has lost more than $460bn in such illegal flight of capital since Independence.

    It said the illicit outflows increased after economic reforms began in 1991.

    The report also said that almost three-quarters of the illegal money that comprises India's underground economy ends up outside the country.

    India's underground economy has been estimated to account for 50% of the country's GDP - $640bn at the end of 2008.

    Wednesday's remarks by the Supreme Court came when it was hearing a petition filed by a former federal Law Minister Ram Jethmalani and others on the alleged inaction of the government in bringing back illegal money parked overseas by rich Indians and companies.

    In response, India's Solicitor-General Gopal Subramaniam submitted a sealed cover containing 16 names of individuals and companies who had accounts with a Liechtenstein-based bank.

    "This is all the information you have or you have something more! We are talking about the huge money. It is a plunder of the nation," remarked Justice B Sudershan Reddy.

    'Mind-boggling crime'

    "It is a pure and simple theft of national money. We are talking about [a] mind-boggling crime.

    Mr Subramaniam said the government was taking measures to bring back the illegal money, but said there were difficulties in sharing the information because of confidentiality treaties between countries.

    "All we want is that you give all the information about the money deposited in the foreign banks by Indians. You cannot confine the petition to one bank," Justice SS Nijjar said.

    The court has fixed 27 January as the next date of hearing.

    Global Financial Integrity said the illegal flight of capital through tax evasion, crime and corruption had widened inequality in India.

    High net-worth individuals and private companies were found to be primary drivers of illegal capital flows.

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  2. Joaquimcorreiaafonso4 March 2011 at 05:39

    After knowing, from various sources, that the newly appointed CVC Thomas was tainted, the Central Government should have taken action to remove him from the post, instead of defending the appointment.
    I understand that even after the SC verdict, Mr Thomas has not tendered his resignation. Then Government should request the President to remove him, I feel.

    ReplyDelete
  3. Like we all know, most of the indians are cunning thieves and robbers and this attitude is being permeated in goa. About time we are rid of all this scum.

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