NOTIFICATION F. NO. 11/2/2009-Ad.E.D., DATED 29-5-2014


NOTIFICATION F. NO. 11/2/2009-Ad.E.D.DATED 29-5-2014

In pursuance of the Order dated 4.7.2011 of Hon’ble Supreme Court of India passed in Writ Petition (Civil) No. 176 of 2009, Central Government in the Ministry of Finance, Department of Revenue hereby constitutes the Special Investigation Team, comprising of the following :—

(a) Hon’ble Mr. Justice M.B. Shah, former Judge of Supreme Court – Chairman
(b) Hon’ble Mr. Justice Arijit Pasayat former Judge of Supreme Court – Vice Chairman
(c) Revenue Secretary – Member
(d) Deputy Governor, Reserve Bank of India – Member
(e) Director (IB) – Member
(f) Director, Enforcement Directorate – Member;
(g) Director, CBI – Member;
(h) Chairman, CBDT – Member ;
(i) Director General, Narcotics Control Bureau – Member ;
(j) Director General, Revenue Intelligence – Member;
(k) Director, Financial Intelligence Unit – Member;
(l) Joint Secretary (FT & TR-I), CBDT – Member; and
(m) Director, Research and Analysis Wing – Member.

2. The terms of references of the Special Investigation Team will be as per order dated 04.07.2011 of Hon’ble Supreme Court and includes as under:—

(i) The Special Investigation Team shall function under the guidance and direction of Chairman and Vice-Chairman.
(ii) The said Special Investigation Team shall be charged with the responsibilities and duties of investigation, initiation of proceedings, and prosecution, whether in the context of appropriate criminal or civil proceedings of :—
(a) all issues relating to the matters concerning and arising from unaccounted monies of Hassan Ali Khan and the Tapurias;
(b) all other investigations already commenced and are pending, or awaiting to be initiated, with respect to any other known instances of the stashing of unaccounted monies in foreign bank accounts by Indians or other entities operating in India; and
(c) all other matters with respect to unaccounted monies being stashed in foreign banks by Indians or other entities operating in India that may arise in the course of such investigations and proceedings.
(iii) It is also the responsibility of SIT to ensure that the matters are also investigated, proceedings initiated and prosecutions conducted with regard to criminality and/or unlawfulness of activities that may have been the source for such monies, as well as the criminal and/or unlawful means that are used to take such unaccounted monies out of and/or bring such monies back into the country, and use of such monies in India or abroad.
(iv) The Special Investigation Team shall also be charged with the responsibility of preparing a comprehensive action plan, including the creation of necessary institutional structures that can enable and strengthen the country’s battle against generation of unaccounted monies, and their stashing away in foreign banks or in various forms domestically.

3. The said Special Investigation Team should be responsible to the Hon’ble Supreme Court and that it shall be charged with the duty to keep Supreme Court informed of all major developments by filing of periodic status reports and following of any special orders that Supreme Court may issue from time to time;

4. All organs, agencies, departments and agents of the State, whether at the level of the Union of India, or the State Government, including but not limited to all statutorily formed individual bodies, and other constitutional bodies, extend all the cooperation necessary for the functioning of Special Investigation Team.

5. The Union of India and where needed the State Governments will facilitate the conduct of the investigations, in their fullest measure, by the Special Investigation Team and functioning, by extending all the necessary financial, material, legal, diplomatic and intelligence resources, whether such investigations or portions of such investigations occur inside the country or abroad.

6. The Special Investigation Team also empowered to further investigate even where charge-sheets have been previously filed; and that the Special Investigation Team may register further cases, and conduct appropriate investigations and initiate proceedings, for the purpose of bringing back unaccounted monies unlawfully kept in bank accounts abroad.

7. Remuneration, allowances, facilities etc. for Hon’ble Mr. Justice M.B. Shah and Hon’ble Justice Arijit Pasayat, appointed as Chairman and Vice Chairman to supervise the Special Investigation Team shall be as per judgement dated 4.7.2011. The Department of Revenue, Ministry of Finance, Government of India will be responsible for creating the appropriate infrastructure and other facilities for proper and effective functioning of the Special Investigation Team.

8. JS(R) Department of Revenue, Ministry of Finance would be Member-Secretary of SIT.

9. This notification is subject to the outcome of the Review Petition Pending in the Supreme Court.

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