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Ram Jethmalani sends Arun Jaitley a black money stinker

Ram Jethmalani sends Arun Jaitley a black money stinker

In a stinging letter to Jaitley, the veteran lawyer has questioned the government's inability to disclose the names of Indians holding illegal foreign bank accounts because of bilateral double taxation avoidance treaties (DTAT).

Finance Minister  Arun Jaitley. Finance Minister Arun Jaitley.

Finance minister Arun Jaitley has come under scathing attack from senior lawyer Ram Jethmalani, who has alleged that the finance minister was not keen for the truth to emerge regarding the government's efforts to bring back black money stashed in foreign banks.

In a stinging letter to Jaitley, the veteran lawyer has questioned the government's inability to disclose the names of Indians holding illegal foreign bank accounts because of bilateral double taxation avoidance treaties (DTAT). Jethmalani said the government's petition citing DTATs coming in the way of disclosing names is "one of the most ill advised steps taken".

"The DTAT or any equivalent document is not to be used and cannot be used. We are not dealing with persons or entities who by the law of India and Germany are liable to pay tax in both countries on the same income," argued Jethmalani, who is a petitioner in the Supreme Court on the black money issue.

"The Germans never spoke of the DTAT. Our people deliberately brought it in as a certain method of rendering the entire investigation futile and making our corrupt rulers escape arrest and prosecution," he said.

He questioned Jaitley's determination to get the culprits apprehended or even identified. The noted lawyer said about 18 names were given to him under orders of the Supreme Court but the list did not include people like Hasan Ali Khan, a businessman who was investigated for alleged money laundering.

"It is most unfortunate that you continue to act only on DTATS," he said.

Jethmalani also accused Jaitley of inaction on the issue even when he was leader of opposition in Rajya Sabha.

"You were the leader of opposition when the Germans announced that they were willing to share the names with any friendly country without cost or condition," he said, adding that it was his (Jaitley's) duty as leader of opposition to establish contact with the Germans to get the names as the government of the day made no move for obvious reasons.

He claimed that the previous UPA government did not make any move as, in all likelihood, bigwigs in the erstwhile ruling Congress party were involved.

In his letter, Jethmalani went on to attack the finance minister by saying: "I strongly suspect that your conduct shows that you too like many others do not want the truth to come out. Your public statements… are product of a troubled conscience and mental confusion, a deadly combination."

The senior lawyer cited replies given by Jaitley in Parliament in July. "You are persistent in the fraud as your answers in the Rajya Sabha to questions on 8th and 15th July clearly show," he said. Jaitley had talked about a positive response from Swizz authorities to some requests for disclosing the names of account holders subject to the confidentiality clause in the double tax avoidance convention.

In another adverse commentary on Jaitley, Jethmalani wrote: "You do not know much of criminal law and hardly anything about complex criminal investigations, particularly the kind involved in the present case. You do not have the humility to learn from your intellectual and moral superiors."

Jethmalani, who was expelled from the BJP earlier this year, referred to Jaitley's recent ill health and said: "You recently had a near brush with death. This should have created in you a change in your moral makeup and devotion to the nation. You are destroying what Modiji has built during the last election campaign."

He signed off by writing: "You are out to help the biggest criminals to escape. "Please do not send names you have got from the Germans to the Swiss. Send them to the SIT so they can tell them what to do. The Supreme Court is monitoring the investigation, it is not an investigating agency," he said.

Published on: Oct 25, 2014, 11:32 AM IST
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