Memo containing sensitive materials prompted Apex court to pass order

New Delhi: A confidential memo signed by a senior officer of the Cabinet Secretariat, containing "very sensitive materials", has prompted the Supreme Court to give a free hand to the Centre to look into the "serious" allegations against ED's Joint Director Rajeshwar Singh, who is probing the Aircel-Maxis deal case.

A vacation bench of Justice Arun Mishra and Sanjay Kishan Kaul observed that the memo, placed before it by the Centre in a sealed cover yesterday, has "given rise to at least a conclusion that the allegations are serious in nature".

"However, it has been averred that very sensitive materials have come into the possession of the Government for which leave was sought to place the same in a sealed cover before this court, which is in the form of a memo dated June 26, 2018 duly signed by the Joint Secretary of Cabinet Secretariat," the bench said in its order which was uploaded on the apex court's website on Thursday.

"It is averred in the affidavit (by the Centre) that the complaints need further and thorough investigation. There is allegation of amassing wealth by respondent no. 3 (Singh) in the names of relatives. Same is required to be investigated. The averment casts serious cloud over respondent no.3 (Singh)," the bench noted.

The apex court modified its earlier order in which it had said that no action should be initiated against Enforcement Directorate (ED) officer Singh by any other authority.

The Centre, in its affidavit, told the court that certain allegations were made against him on earlier occasions which had resulted in "discreet enquiry", but the matter was later closed.

"Suffice it to say at this stage that we would not like to comment on that material placed before us. On perusal of the same, it has given rise to at least a conclusion that the allegations are serious in nature," the court said in its order.

"We are of the view that faced with the aforesaid material (not really material in the petition), it would be appropriate to direct that the government is free to look into the material found against the third respondent (Singh) and the same can be inquired into by the government despite the interim orders of this court dated May 1, 2014 and November 1, 2017 and to that extent, the interim orders stand modified," it said.

The bench also said that since a charge sheet has already been filed in the Aircel-Maxis case, "it will be the call of the government authorities" as to whether Singh has any further role to play in the matter or in the probe and trial.