Aircel Maxis case: SC allows Centre to probe allegations against Investigation Officer

The Supreme Court today allowed the Central government to look into the allegations of disproportionate assets made against Investigating Officer of the Enforcement Directorate (ED) Rajeshwar Singh, who was probing the Aircel Maxis case..The vacation bench of Justices Arun Mishra and Sanjay Kishan Kaul was hearing the PIL filed by one Rajneesh Kapur on June 5 this year seeking a probe into charges of corruption levelled against Rajeshwar Singh..Dr. Subramanian Swamy had filed an impleadment application in the PIL, alleging that Kapur’s petition was just a method to delay the Aircel Maxis probe. When the matter was taken up for hearing on June 25, Swamy told the Court,.“The fresh Writ petition has the effect of delaying further investigation (in Aircel Maxis case)”..During the hearing on June 26, Senior Advocate RS Suri, appearing for Rajeshwar Singh, informed the Court that Singh has filed a contempt petition against the original petitioner in the case, Rajneesh Kapur. The Court had then ordered for the presence of the original petitioner in Court..Today, the Counsel representing Kapur informed the Court that ever since he first filed the petition, he has been threatened, and sought protection..The prayer made by the petitioner was “for an unbiased investigation in the conduct of the officer”. The petitioner alleged that the government is unwilling to look into the matter and that the officer operates with impunity with “Subramanian Swamy to cover for him”..While the Court restrained the counsel for the petitioner from making personal remarks, ASG Vikramjit Banerjee, representing the Centre, told the Court that the government was in fact investigating the matter. Banerjee also handed over a sealed envelope containing sensitive information to the Bench..Upon perusing the contents of the sealed envelope, a long deliberation ensued. The Court then said that the information contained therein was extremely sensitive and affects national interest and security..“It is a highly sensitive issue and we can’t disclose this information to anyone,” justice Mishra remarked..Justice Kaul commented on the contents of the sealed envelope saying,.“This information is not meant for anyone else to see but we can’t shut our eyes to something like this. We can’t simply say ‘we leave the matter at that’. What happened years back in 2005 etc. is not material to us. But the government has placed this information before us which is why the contents of the petition are not that important.”.The Supreme Court’s earlier order had protected Rajeshwar Singh from any inquiry during the pendency of the Aircel Maxis probe. Today, the Court said that blanket protection cannot be given to him. Justice Mishra said,.“You can’t be given a blanket protection. You are accountable and you have to ensure that you are accountable. We don’t want to comment on you right now but there are some serious allegations.”.Justice Mishra also opined that an investigating officer should be free from any cloud of suspicion over him..After concluding the hearing in the morning, the Court passed its order at 2 pm, allowing the government to look into the allegations against Rajeshwar Singh. Effectively, the Court’s interim order protecting Singh from any inquiry has been modified..The Court has left it to the government to decide whether or not Singh will have any further role to play in the investigation of the Aircel Maxis case. The Court also quoted the government on its submission that the Aircel Maxis probe will be brought to its logical end, and disposed the matter.