SC go-ahead to probe ED officer investigating 2G case
New Delhi, June 27: The Supreme Court on Wednesday allowed the government to probe into allegations against a top Enforcement Directorate (ED) officer who is probing the high profile 2G and Aircel-Maxis cases.
Senior Congress leader and former Finance Minister P. Chidambaram and his son Karti Chidambaram are being probed for alleged irregularities and graft in the grant of Foreign Investment Promotion Board (FIPB) clearance in Aircel-Maxis case.
The allegations against ED Joint Director Rajeshwar Singh were mentioned in a report submitted before the top court in a sealed envelope on Wednesday.
A vacation bench of Justice Arun Mishra and Justice Sanjay Kishan Kaul also modified their earlier March 16, 2011, order that said that "no one including the newspapers shall interfere with the functioning of the CBI team and the officers of the Enforcement Directorate who are investigating".
Rajeshwar Singh was heading the ED team probing the 2G cases.
By the March 16, 2011, order the court had said it would take "serious cognizance of any endeavour made by any person or group of persons" to interfere with the Central Bureau of Investigation (CBI) and the ED probe into the 2G scam cases.
Taking note that the charge-sheet has already been filed in the Aircel-Maxis case, the court on Wednesday said it was up to the government to take a call whether Singh was further required in the trial or investigation of the 2G and Aircel-Maxis cases.
At the outset of hearing in the pre-lunch session, Additional Solicitor General (ASG) Vikramjit Banerjee handed over to the bench a report in a sealed cover levelling "serious allegation" against Rajeshwar Singh that have a bearing on national security.
Handing over the status report in a sealed cover, ASG Banerjee told the vacation bench: "We want to investigate but (top court) order comes in the way ... sensitive information about national security."
In the course of hearing, the bench also described the contents of the report as "highly sensitive" having a bearing on national security.
Saying, "we can't divulge" the report, the bench said: "The thing that have come (to our knowledge) is startling. Even in imagination we could not have thought of it."
As the senior counsel Rupinder Singh Suri appearing for Rajeshwar Singh and Subramanian Swamy told the bench that they were not aware of what had been handed over to the court, the bench said: "Too much damage have been caused. When appropriate time comes we will put everything on record."
As the bench said a person, who is investigating sensitive 2G spectrum case, should not be brought under cloud, Swamy said: "Nor should any cloud be created to make him move out."
Swamy urged the court to call for a report from the CBI Director and the ED about the allegations against Rajeshwar Singh.
Observing that it could not shut its eyes to all this, the bench said: "Something is very serious. It may be correct or it may not be correct."
"You seem to say that as he has been promoted, these allegations would not have been there," Justice Mishra said as Swamy pointed out that full evaluation of Rajeshwar Singh was done by all the agencies when Rajeshwar Singh was promoted from Deputy Director to Joint Director.
Even as senior counsel Suri and Swamy defended Rajeshwar Singh suggesting that the reports submitted to the court could be motivated, Justice Mishra said: "As a matter of fact, any allegation has to be investigated. At the same time, you must not be victimised."
"You are simply an officer. You can't be given a blank chit. You are accountable for every action of yours. You must be accountable," said the bench as Suri and Swamy drew the attention of the court towards the earlier order of the court protecting Rajeshwar Singh.
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US SC rejects 26/11 attack accused Tahawwur Rana’s plea seeking stay on his extradition to India
New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.
