1/13/2017

SC rejects probe into alleged Birla-Sahara payoffs to PM Modi - Ahmedabad Mirror

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SC REJECTS PROBE INTO ALLEGED BIRLA-SAHARA PAYOFFS TO PM MODI

Agencies | Jan 12, 2017, 02.00 AM IST

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In a breather to Prime Minister Narendra Modi, the Supreme Court on Wednesday rejected a plea for
probing the alleged payoffs by the Birla- Sahara groups when he was the Gujarat Chief Minister.
Rejecting the plea by the petitioner- NGO Common Cause, the bench of Justice Arun Mishra and Justice
Amitava Roy said that the evidence produced for seeking filing of an FIR against the Prime Minister and
other political functionaries, including government officials, is not admissible. If we were to order
investigation on the basis of material with no evidentiary value, it would be difficult for constitutional
functionaries to function, which would not be safe for the democracy, the court observed.
Given the shape in which these documents have been collected and filed, we are of the opinion that it
would not be safe and proper to order investigation, the court said in its order while weighing the
evidence placed before it in the context of earlier judgments of the apex court, including that of the
Constitution Bench. The bench passed the order after a detailed hearing from Common Cause and
Attorney General Mukul Rohatgi.
Rohatgi, top law officer representing the central government, earlier in the day told the apex court division bench that there was no credible document or
evidence which prove that the former Gujarat chief minister was paid by the corporate houses. Nobody in the country would be safe if such documents are
accepted as legal evidence. Anyone can put name of anybody on such papers," he added.
The apex court said that it was not doubting the integrity of the settlement commission order, but examining the integrity of such diaries. Senior apex court
lawyer Prashant Bhushan appearing for the petitioner NGO told the apex court that there was sufficient evidence to prove that public officials were
allegedly paid and probe must be ordered to find out the truth.

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