Finance Ministry uses RAW report to allege ED Joint Director is ISI agent
In a major twist in the Aircel Maxis case and 2G scam-related cases, the Finance Ministry and high-profile Enforcement Directorate (ED) officer Rajeshwar Singh traded serious charges even as the Supreme Court on Wednesday permitted the Government to probe some highly sensitive allegations against the officer. While the Finance Ministry allegedly linked Singh with an ISI agent, the ED officer accused Finance Secretary Hasmukh Adhia of siding with “scamsters”.
The Finance Ministry’s charges were contained in a sealed cover report prepared by a Joint Secretary in the Cabinet Secretariat. It was based on input provided by Research and Analysis Wing (RAW) and submitted by Additional Solicitor General Vikramjeet Banerjee to the Vacation Bench of Justices Arun Mishra and SK Kaul. The court was hearing a PIl filed by one Rajnish Kapur, seeking probe into various allegations against Singh, who is currently ED Joint Director.
Appearing before the court through his lawyer senior advocate RS Suri, Singh pointed out that the same set of allegations were dismissed by the Supreme Court in the past and had surfaced yet again now in a fresh PIl, when his promotion as Additional Director is due.
Initially, the Bench was skeptical of the PIl petitioner’s charges against Singh and wondered how the petition was filed on June 2 while material against the officer was received on June 3. But the Centre’s intervention made the difference. ASG Banerjee expressed the Centre’s willingness to probe against the officer and produced a sealed envelope claiming sensitive information against Singh.
Upon reading the report, the Bench observed, “It is not only highly sensitive but national security is involved. The issue is serious to which we cannot shut our eyes.”
In 2011, the court has passed order protecting Singh from any kind of probe directed to scuttle the probe in the 2G scam and Aircel-Maxis case dealt by him. On March 12, 2018, the court had directed the CBI and the ED to complete the probe into the 2G-related cases.
The Bench said, “The Government is free to look into the report… to that extent the interim order (protecting Singh) stands modified”.
The Bench also raised questions on the continuation of Singh in the 2G case probe by observing whether an officer “under cloud” was fit to continue with the probe. The Bench in its order said, “It will be the call of the Government on whether the officer has any role to play in the investigation and trial of the 2G case since chargesheet has been filed.”
On his part, Singh submitted to the Bench a sensational letter written by him to Adhia and routed through ED’s Director Karnal Singh. He also produced ED chief’s letter to the RAW chief negating the RAW input against him.
In his letter to Adhia, Singh said, “Chidambaram (former Finance Minister) made my life an accentuated hell as I was investigating him and his son Karti… However, what thoroughly baffles the undersigned is the animosity you have fashioned against me by siding with scamsters and their affiliates in a sustained manner. It has become more than difficult for me to survive this continued onslaught and persistent vilification from all the quarters for doing my job,” said the letter dated June 11.
BJP leader Subramanian Swamy, who filed an application to intervene in Kapur’s PIl, submitted to the court that Singh is not new to such allegations as this is just another attempt to derail the probe involving senior politicians. Moreover, Swamy argued that had there been any merit in these allegations, Singh would not be promoted from Deputy Director to Joint Director in ED.
later in the day, Swamy held a Press conference where he distributed a note prepared by the RAW alleging Singh’s connections with a Dubai-based Pakistani agent. According to Swamy, this was the “manufactured” material, the Centre produced before court in sealed cover. He said, “The Prime Minister must order a probe and ED chief Karnal Singh should clarify the position on this cooked RAW input” and blamed the Finance Secretary to be behind all this.
The ED issued a Press release late evening backing the officer. It referred to a single call Singh received from a Dubai-based informer in 2016 who provided crucial leads in a case under investigation by ED. The agency backed the officer as being “responsible” and having “outstanding career”.
The apex court, faced by cross submissions from the Centre on one hand and Swamy and Singh on the other hand, said, "You (Singh) cannot be given a blanket clean chit as any information, right or wrong, must be looked into. Even though you are appointed by the Court, you must be accountable. At the same time, you should not be victimised also."
Singh's counsel proposed that his client was willing to appear in camera and respond to each charge. But the Bench was not keen as it felt divulging any details contained in the note would prejudice the ED and Singh as well.