NEW DELHI, Dec 2: The Attorney General will inform the Supreme Court (SC) tomorrow about the Government's stand on the report of the independent review committee which examined Vohra Committee report on the autonomy of investigating agencies. A three-judge Bench headed by Chief Justice of India, Justice Jagdish Sharan Verma adjourned hearing in the Jain-hawala case till tomorrow after hearing the amicus curiae in the matter Anil Diwan.Diwan said the report of the independent committee, comprising BG Deshmukh, NN Vohra and SV Giri has not yet been given to him.

The report of the independent committee, which examined the aspect of granting autonomy to investigating agencies like, the CBI, and the Enforcement Directorate looking into Foreign Exchange Regulation Act (FERA) violations and the revenues intelligence, had earlier been given to the Apex Court in a sealed cover.

Attorney General Desai said he would seek instructions from the Government as to whether the report could be made public.

``The Supreme Court in the exercise of its constitutional jurisdiction must step in to meet this crying need which is agitating not only these high dignitaries in Government but also the entire citizenry of India,'' Diwan said in his written submissions before the Court.

Diwan said in his written submissions that, ``Some of these cases are where the political executive or high officials of the executive or the district attorney were incapable of discharging their prosecutorial and investigative functions leading to non-enforcement of the criminal law.''

The Bench said proper implementation of rule of law would mean not only proper investigation into cases by investigating agencies but also proper presentation in the Court by the prosecution. The amicus curiae said in India powers of investigation are with the police alone and submitted that the Apex Court should consider whether constitutional courts have power to appoint special investigative teams and special counsel to oversee the direction of investigation.

Diwan also pointed out the laxity on the part of the CBI in its probe into the multi-crore hawala cases and said till date ``neither Rohtas Sharma, Amir Bhai nor Tariq Bhai have been traced and evidence has not been gathered from any person as approver''.

``The investigation and steps taken have not resulted in even a single person being brought to book right from May 1991 onwards. The investigations were deficient which had led to many accused being discharged,'' he said.The amicus curiae charged the Government of not disclosing correct material and information to the Court.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.