IN THE SUPREME COURT OF INDIA

CIVIL WRIT JURISDICTION

I.A. NO.

OF 2015
IN

WRIT PETITION (CIVIL)NO. 176 OF 2009

IN THE MATTER OF:
Subramanian Swamy

Applicant for Impleadment

Vs

Ram Jethmalani and Others

Respondents

INDEX
SNo Document
1.
Affidavit on behalf of Applicant to support his
Application for Impleadment as a Petitioner in
the instant Writ Petition
2.
Annexure A-1 being Letter dated 9.7.2014 sent
by the Applicant to the Honble Chairman, SIT
3.
Annexure A-2 being letter dated 6.5.2015 sent
by the Applicant to the Honble Prime Minister
4

Application on behalf of Applicant for leave to

appear, file and argue as Applicant in Person
with Affidavit in Support thereof
Subramanian Swamy
Applicant in Person
Delhi
May11th 2015

Pages

IN THE SUPREME COURT OF INDIA

CIVIL WRIT JURISDICTION
I.A. NO.

OF 2015
IN

WRIT PETITION (CIVIL)NO. 176 OF 2009

IN THE MATTER OF:
Subramanian Swamy
A-77 Nizamuddin East,
New Delhi-110013

Applicant for Impleadment

Vs

Ram Jethmalani and Others

Respondents

AND IN THE MATTER OF

WRIT PETITION (CIVIL) No. 176 OF 2009
IN THE MATTER OF:
Ram Jethmalani and Others

Petitioners

VS.
Union of India and Others

Respondents

AFFIDAVIT ON BEHALF OF APPLICANT TO

SUPPORT HIS PLEA FOR IMPLEADMENT AS A
PETITIONER IN THE MAIN WRIT PETITION
I, Subramanian Swamy, son of Sitarama Subramanian
aged about 75 years ,resident of A 77 Nizamuddin East,
New

Delhi

110013,

Applicant/Petitioner

do

hereby

solemnly affirm and state as under:

1.

(a)The Application made by the instant Applicant,

being Applicant in Person, for being impleaded in the

aforesaid Writ Petition(Civil) was heard on 21.4.2015 by
this Honble Court when permission was granted to him
by this Honble Court to file a detailed affidavit in support
of his Impleadment Application.
(b)It is the Applicants contention that since 2009 the
year of filing of the instant Writ Petition ,urgent orders
were required from this Honble

Court to enable the

recovery and return to India of the enormous amount of

black money taken out from this country, which
amount presently estimated to be in the region of Rs. 1.5
trillion dollars ,has been illegally taken out of India and
parked in foreign secret banking (estimated to be in
some 90 countries and tax havens).
(c ) The Applicant verily believes that where the
Government has the requisite will, this black money can
be brought back very speedily.

(d) Yet for the past five years, this has not been done;
even though and more particularly since last year when
the Indian electorate decisively voted in a new
Government (which had made an electoral promise that if
it got a decisive electoral mandate it would immediately
bring all this black money back to the nation --- which it
estimated at an amount of Rs. 15 lakhs per each man ,
woman, and child---.The result of failure to move
decisively in this regard during the new Governments first
year in office, is that by default, public anger at the
inaction and apparent indifference to this urgent need,
has had tremendous and far reaching consequences on
the psyche of all Indians. The same has been exploited by
a vicious disaffected section of persons both in India and
abroad who have more or less indicated that all these
black money stashers are sitting pretty, confident that this
new Government, like the earlier Government is quite
ineffectual and cannot or will notdo anything to
address this black money problem.
2.(a)The Applicant has filed the instant application for the
benefit of the citizens of the country. The Applicant is also
a citizen of the country and he along with the rest of the
citizens has a duty to expose and get action taken against
the aforesaid black money problem.

(b)The Applicant is a nationally known public figure,

active in politics and public affairs.

He is deeply

concerned with the protection of the Rule of Law and the

enforcement of the statutory duties of the Government as
well as purity in public life.
The Applicant holds a doctorate in Economics from the
world famous Harvard University in the U.S.A., where,
before returning to India he had taught Economics and
he has continued to teach there for some decades in the
summer semester; and he had also taught Economics at
the Indian Institute of Technology in Delhi, as a full
Professor.

He

is

senior

politician,

Member

of

Parliament for five terms, who has been a senior Cabinet

Minister in the Central Government, holding the portfolios
of Commerce and Law & Justice, and later he was
Chairman of the Commission for Labour Standards, a post
of Cabinet Rank. Twice he has been elected to the Rajya
Sabha from the State of Uttar Pradesh, to the Lok Sabha
twice from Maharashtra and once from the State of Tamil
Nadu. He has numerous books and articles to his credit.
He has lectured both in India and abroad on national
concerns as well as on Economics. He has initiated and
conscientiously fought many public interest litigations. He
regards this as a duty he owes his country.

(c)In particular, the Applicant

being a bonafide law

abiding citizen believes that it is his duty to set into

motion the legal process when

grave offences

which

affect the society at large are brought to his notice which

,in his opinion ,cause a grave miscarriage of justice. It is
this duty he seeks to perform in the instant case, as set
out herein below.
(d) The Applicant is personally bearing the cost of this
Writ Petition Impleadment.
3. Ever since he entered politics in or about 1970, the
Applicant has deemed it his duty to fight corruption and
authoritarianism. He has ever since been a rallying point
in fighting corruption and autocracy in public life. He has
filed a number of Public Interest Litigations against
corruption and other public issues both in this Honble
Court and in various High Courts in India . For instance,
in the last decade, the Applicant was instrumental in
exposing

the

mammoth

corruption

involved

in

the

allocation by the Union Government ,of 2G Spectrum ;

whereafter the Honble Supreme Court is monitoring the
matter in C.A. No. 10660/2010 in which matter the
Petitioner is an impleaded party.
(b)

As

an

economist

and

long

time

Professor

of

Economics, and having held senior Cabinet minister

positions , the Applicant believes he can assist this Honble

Court to devise ways

to bring back black money of

Indians stashed away in foreign secret banking (estimated

to be held presently

in some 90 countries and tax

havens). A summary of these suggestions is set out here

in below:
4.(a) It is a matter of disappointment so far that all the
present Government has sought to bring into law is the
proposed Bill No.84 of 2015 introduced in the Lok Sabha .
The Bill is completely inadequate for securing the return
of the estimated $ 1.5 trillion of black money deposited
abroad, by Indian citizens, in secret banking in some 90
countries.
(b)This Bill is structured to deal merely with enhanced
punishment of black money hoarders once the black
money is detected or admitted to for seeking amnesty.
Thus the Bill has no provisions at all on how to secure the
stock of black money stashed away abroad.
(c )The embedded amnesty scheme is also contrary to the
Union of Indias solemn assurance made in 1997 to this
Honble Court ,to never again introduce another amnesty
scheme for undisclosed or tax evaded funds.
(d)The DTAA route also does not cover black money
generated by scams, gambling, drug running and arms
peddling: it deals solely with secret banking made to
evade taxes on legitimate earnings.

(e)It must be emphasized that this money, seeking only to

avoid taxes on legitimate earnings , is a very small share
of the total black money.
5.There are four ways by which the names and accounts
illegally held abroad by Indian citizens can be ascertained
and acted on.
(1) The First Method is for the CBI/ED to register an FIR ,
obtain a Letter of Request u/s 166A of the Criminal
Procedure Code (1973) from a designated Court, and then
(making use of the Swiss Law On International Judicial
Assistance in Criminal Matters seek Swiss cooperation)
proceed to get Swiss cooperation which the Swiss
authorities will be obliged to facilitate. This can be done
whenever there is prima facie evidence of any person,
institution or company maintaining a secret and illegal
account in Switzerland. The Swiss Federation Act on the
Restitution of Assets of Politically Exposed Persons
obtained by Unlawful Means (RIAA) governs the freezing,
forfeiture and restitution of the assets of politically
exposed persons (PEPs) or their close associates in cases
where a request for mutual assistance in criminal matters
cannot succeed due to the failure of the judicial system in
the requesting state. This Act has been in force since 1
February 2011.

(2)The Second Method is the German/French method

which these two Governments used to obtain records of a
particular bank by offering monetary inducements to
willing senior bank officials . This is what these two
countries did with Bank of Lichtenstein and the HSBC in
Geneva.
(3)The Third Method is the US method used by the US
authorities against the Washington D.C. based branch
offices of the Union Bank of Switzerland and Credit Suisse
Thereby the US obtained the names of over 5000 US
citizens who had illegally opened bank accounts in these
banks. When these banks had claimed secrecy as a
business principle, the US authorities simply arrested the
Washington D.C. based senior officers of these two banks.
Thereafter, the bank headquarter office gave in and
shared the desired information. India too has these Swiss
bank branch offices in Mumbai, and this method can be
pressed into service for this purpose.
(4)The Fourth Method is the method suggested by
eminent jurist and Senior Advocate, Fali S. Nariman in his
Rajya Sabha speeches and op ed articles in newspapers,
viz., advocating invoking the Resolution of the UN
Convention against Corruption adopted by the UN General
Assembly in 2005 and ratified by India in 2011.

This requires that Indias Parliament pass a law( or as a

first step the President of India issues an Ordinance) to
nationalise all bank accounts of Indian citizens in the 90
odd nations practising secret and numbered account
banking. Thereafter bilateral discussions with each of
these countries can take place for getting hold of these
accounts. Of these accounts, those proven by these
account holders to be legitimate would then be returned to
these holders. The rest become the property of the Indian
nation; and can be repatriated.
6.These are the effective ways of obtaining the estimated
$ 1. 50 trillion black money stashed away abroad by
Indian citizens. The present measures of the Union of
India such as using amended DTAA or threat of severe
punishment by enacting new laws such as presently
proposed Bill No.84 of 2015 introduced in the Lok Sabha,
are completely ineffective in recovering the black money
stock illegally held abroad, and thus are only of
diversionary value,
7. The Applicant has made some small independent
beginnings into identifying and dealing with individual
cases of prima facie corruption and money laundering
that have come to his knowledge.
(a)On November 28, 2011 and December 7, 2011, this
Intervenor as Chairman of the 16 eminent members

Action Committee Against Corruption in India [ACACI] had

sent written complaints to the then Director CBI, New
Delhi, Mr. A.P. Singh, with particular references to
disclosure of offences committed under the Prevention of
Corruption Act (PCA).
(b)The Enforcement Directorate was also sent a Complaint
regarding the offences alleged to have been committed
under PMLA and FEMA.
(c)By his letter dated 9.7.2014, the information in the
said Complaints , was also supplied by letter to the SIT
as follows:
(i)the First information so supplied was from an article
published in the reputed Swiss monthly Schweizer
Illustrierte , November 1991 issue, which magazine is a
highly respected and widely circulated magazine in
German language, and published in Switzerland.
This information disclosed that the former Prime Minister,
Mr. Rajiv Gandhi (now deceased), had about $2 billion in
secret bank accounts in Switzerland, (an amount which is
clearly disproportionate to his known sources of income as
per his affidavit filed with his nomination papers upon
becoming a candidate for Lok Sabha elections in 1991).
This attracts section 13(1(e) of the PCA. Although the
information is two decades old, the Director CBI was well
aware that there is no time limitation on corruption cases

under the PCA. But since Shri Rajiv Gandhi is now

deceased, his most likely beneficiaries are his wife, Sonia,
and two children, two of whom are public servants.
(ii)The second information sent to SIT was from Dr.
Yevgenia Albats, a Russian scholar who holds a Harvard
Ph.D, and who was a member of the Inquiry Commission
into KGB Activities, appointed by President Yeltsin of
Russia. She subsequently authored a book titled: A State
Within a State: KGB in Soviet Union.

In that book, she

disclosed the File Numbers containing evidence of the KGB

payments to the then Prime Minister Rajiv Gandhi and his
family members.
(iii)This disclosure was confirmed by the spokesperson of
the FIS, the KGBs successor spy agency (equivalent of
our IB and RAW combined) in a Press Conference in 1992,
and reported by The Hindu, Times of India, and by UNI.
(iv)In 2002, the then External Affairs Minister Mr. Jaswant
Singh took up this matter with the Russians by writing a
letter and he was informed in writing by the Russian
authorities that the GOI should send a senior
representative of the RAW to Moscow to obtain
authenticated records of KGB payments to Rajiv Gandhi
and his family. But this appears not to have been
followed up.

(v)The Third information was the information that Mr.

Rahul Gandhi, presently Vice President of the Congress
Party, and also presently an Opposition MP, was

detained

in Bostons Logan Airport by US law enforcement

authorities sometime in the later half of September 2001.
He was found in possession of $160,000 in cash which he
did not declare upon arrival. ( US Customs require all
amounts above $10,000 in cash to be declared, and if this
is not done, every $10,000 instalment carries an 8 year
prison term , if convicted).
(vi)This means that Mr.Rahul Gandhi was indictable for a
prison term of 144 years. However, Mr. Brijesh Mishra
the then Principal Secretary to the then PM Mr. Atal Bihari
Vajpayee, personally intervened with the US Secretary of
State, and arrangements were made to get Mr. Gandhi
released. Nevertheless the information is that the US
Homeland Security has registered a case which is still on
record.
(vii)It is reliably learnt that in his deposition to the US
authorities , made before he was allowed to return to
London, Mr. Rahul Gandhi had declared that the money
was legally his own , and he had drawn it out of his secret
and undisclosed account in Pictet Bank, which bank is
head-quartered in Zurich, Switzerland.

(vii)It may also be noted here, that while Mr.Rahul

Gandhi enrolled briefly at Harvard University, and later in
Rollins College, Winter Park, Florida, USA, he paid his
Tuition and other fees to these Colleges from his secret
accounts, said to be from Bank of America branch in the
Cayman Islands. This can be easily verified by the
Enforcement Directorate.
(viii)Further this Intervenor also wrote to the Finance
Minister and also informed the Prime Minister that
information had become available that accounts existed
in Sarasin Bank and Pictet both of Zurich, and the Vatican
Bank in the name of Sonia Gandhi and her legatee son
Rahul Gandhi. This information is also with the
Enforcement Directorate.
8.(a) It may be noted that on February 13, 2012, while
inaugurating the first Interpol global programme on anticorruption and asset recovery, the then CBI Director also
had stated that Indians are the largest depositors in banks
abroad with an estimated 500 billion US dollars (nearly
24.5 lakhs crore) of illegal money stashed by them in tax
havens; and that the largest group of depositors in Swiss
Banks are also reported to be Indians.
(b)He also added that there was a lack of political will in
the leading tax haven states to part with the information
because they are aware of the extent to which their

economies have become geared to this flow of illegal

capitals from the poorer countries.
[http://timesofindia.indiatimes.com/india/BlackmoneyIndianshave
stashedover500bninbanksabroadsays
CBI/articleshow/11871624.cms].
(c )It is against this background that the submissions in
writing were made by the ACACI to Special Investigation
Team of Honble Justice Shah, Chairman, and Honble
Justice Arijit Pasayat, Vice-Chairman, as follows:
(1).SIT must seek a report from Financial Intelligence Unit
{FIU} of the Government of India on what it has done on
Suspicious Transactions Reported by Banks.
(2)This reporting ensures that the Banks on a real time
basis report on all Suspicious Transactions for further
investigations. SIT should demand that at least 100
major STRs reported in the past 3 years must be
investigated and action taken reported within the next 10
days, while following-up on all other cases promptly, as
and when the reports surface.
(3)There is no precise definition of PEP {politically
exposed persons} in India, while there is no ambiguity in
international financial world as may be seen from a Swiss
Federation Act on restitution of illicit wealth of PEP
discussed further on.

(4) Consequently, the Finance Ministry must immediately

come out with a guideline on PEP along with all AntiMoney Laundering Vehicles which are known to have been
deployed by the offenders.
(5)PEP is defined as per UN Convention against Corruption
(2005) to which India had become a signatory and ratified
the same in 2011.
[http://www.unodc.org/unodc/treaties/CAC/signatories.html].
(6)Until 2011, SEZs had become an institutional vehicle
for Money Laundering as there was no tax on them.
Subsequently MAT was introduced which led to the
collapse of the SEZ economy. A Progress Report should
be demanded on the progress in investigations made by
ED on all those suspected cases.
(7) In line with the provisions of Section 12 of the
Prevention of Money Laundering Act

all institutions must

declare to the Government as to their Beneficial ownership

this will include ICICI Bank, Axis Bank, HDFC Bank, Jet
Airways etc.. Unless this is done, ownership of several
large corporate will remain unknown and hence exposing
themselves to become vehicles for Money Laundering.
9. The following are Immediate Steps that SIT can direct
the CBI/ED to take:
(1)This Intervenor has provided information on Zurich
based Pictet and Sarasin Bank Accounts of Sonia Gandhi

and Rahul Gandhi; SIT be requested to seek progress

reports on the details of transactions of these accounts
and the legal basis for keeping the monies in foreign bank
accounts and also on details of any other undeclared
assets, if any.
(2)The SIT be asked for status on investigation of the
truth of the Schweizer Illustrierte expose on the illicit
wealth of the late PM Rajiv Gandhi and his legatees.
(3) The SIT be asked by this Honble Court to investigate
on the legatees of this prima facie illicit wealth and inquire
about the steps to be taken under the Swiss Federation
Act [http://www.oecd.org/daf/anti-bribery/antibriberyconvention/42103425.pdf .
(4)After consulting Sr. Advocate Fali S. Nariman ,the SIT
be asked to recommend to the Union of India that it issue
an Ordinance declaring such illicit wealth of politically
exposed persons obtained by unlawful means as black
money and declare such illicit wealth as nationalised.
(5)This Black Money Nationalisation Ordinance should be
conveyed to all financial institutions all over the world to
ensure the freezing of all accounts which are under the
beneficial ownership of Indian citizens and demanding
restitution of this kaalaadhan into Union Treasury
Consolidated Fund of India. This Ordinance can be for the

objectives which were stated when private banks were

nationalised on 19 July 1969.
(6)The SIT be asked to seek details of private jet travels
abroad and their passport entry and exit stamping under
Immigration procedures, as well as the attested records of
financing the costs of such travels of prominent and
frequent foreign travellers such as Ms. Sonia Gandhi, Mr.
Rahul Gandhi, Ms. Priyanka Vadra, Mr. Shashi Tharoor,
etc., and other members in public life declaring them as
politically exposed persons under international law and as
defined in many enactments such as the Swiss Federation
Act.
(7) The SIT be asked to seek investigation of the
corporate tax fraud exposed and reported by ICIJ on Pepsi
Bottling Group taking shelter under the Luxembourg-India
Double Tax Avoidance Treaty and depriving Indian
Treasury of legitimate corporate tax revenues.
{http://www.icij.org/project/Luxembourg-leaks}.
(8) The SIT be asked to call for SEBI records to plug the
loophole on Participatory Notes (PNs) under the FII
Guidelines and act according to findings of Honble SAT in
UBS case and Goldman Sachs case.
[http://www.businessstandard.com/article/printerfriendly
version?article_id=109010501009_1].

(9)The SIT be asked to investigate why the

recommendations of the Tarapore Committee , instituted
by the RBI, which called for the phasing out of
Participatory Notes, were ignored : since these derivative
financial instruments violate the basic tenet of financial
propriety of identity of the beneficial owner of the
underlying foreign currency funds (referred to in financial
parlance as Know Your Client). SIT be asked to take up
with Finance Ministry and RBI the need to phase out
within the next six months the Participatory Notes (PNs)
which are known conduits for black money using hawala
routes.
Full text of Tarapore Committee Report can be obtained :
{http:3rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/722
50.pdf}.
(10)Request SIT to seek status report on the investigation
of Blackmoney and Swiss Bank deposits of $ 8 billion on
behalf of Moin Qureshi.
(11)All FIPB clearances and the approval given by the
Finance Minister during 2004-2015 be fact-checked to
determine which are prima facie money laundering. For
example in the presently Court-monitored cases of AircelMaxis scam and in the Swan Telecom Etisalat share
dilution scam.

10. (a)As another glaring instance which has come to the

notice of the intervenor, the Bharat Hotels Limited case,
Richmond Enterprises SA is prima facie a non-existent
company at the given address in London, and is not a
registered entity in the United Kingdom. The address
given by this Richmond Enterprises SA in FIPB documents
is : 5, Westmoreland Place, London, SW1V4AB, London.
(b)Enquiries made reveal that there is no such company
registered in UK at this address and in fact no such firm at
this address in London.
(c )Yet the Bharat Hotels Limited got an FIPB clearance
and then a FIPB approval in December 2005 from the
then former Finance Minister P Chidambaram.
(d)According to the FIPB approval, Richmond Enterprises
was allowed to invest Rs.50 lakh in one Deeksha Holdings
Private Limited, a subsidiary of Bharat Hotels Limited. This
clearance was given at the FIPB meeting of December 23,
2005, and later approved by then Finance Minister P
Chidambaram [Page No : 11, Item No : 40].
(e)But in the Prospectus filed to Bombay Stock Exchange
by Bharat Hotels Limited (Page No : 21. Prospectus
attached) in December 2008 the bogus London firm,
Richmond Enterprises has 7.22% shares in Bharat Hotels
Private Limited.

(f)Meanwhile contemporaneously during this period, a

Dubai firm called Dubai Ventures Ltd was allotted 5.40%
shares in Bharat Hotels Limited. This deal was widely
reported and the value available in public domain and as
well as disclosed by both parties to media is Rs.160 crore
for the 5.40% stake.
(g)By this valuation, the 7.22% shares allotted to the
bogus firm and in non-publicised deal would have been
any way much more than Rs.200crore. How this money
routing is possible as FDI, when the company got only
Rs.50 lakh to invest that too in subsidiary firm Deeksha
Holdings.
(h)This by contemporary valuation is more than Rs.200
crore worth in 2008. Thus is it legal for a firm which was
permitted to have Rs.50 lakh in FDI in its subsidiary firm
to route Rs.200 crore in the holding firm without
intimating the FIPB?
(i)More over Commerce Ministrys DIPPs data on FDI flow
in Hotel Sector shows that (Page No : 3, Item No : 23.
DIPP data attached) Rs.118 crore from bogus London firm
Richmond has routed to Bharat Hotels.
(j)These contradicting figures of Rs.50 lakh from FIPB
approvals and more than Rs.200crore worth shares in
Prospectus to BSE, and Rs.118 crore from the fund routed
to Bharat Hotels Limited according to DIPP data from

bogus non-existent firm Richmond Enterprises, is

obviously prima facie nothing but the flow, routing, and
round tripping of unaccounted money through London and
therefore a fit case for the Financial Investigation Unit
(FIU) under Section 12 of the PMLA by the Enforcement
Directorate .
(k)In above mentioned circumstances, a thorough probe
on the Black Money trail from a non-existent London
company Richmond Enterprises to Bharat Hotels Limited
should have been initiated by the Finance Ministry itself.
The promoters of Bharat Hotels, FIPB officials, and
including former Finance Minister P Chidambaram should
be interrogated to find the real face behind the London
based bogus non-existent company, Richmond
Enterprises, to unearth the black money raised through
corruption in India. The probe should be also initiated
under Prevention of Corruption Act, IPC and PMLA by CBI
and Enforcement Directorate also.
11.This Applicant has also studied the recent share
transfer leading to ownership change of the Spice Jet
Airlines. There appears to be, prima facie, money
laundering and black money transaction in the said deal. A
letter dated 6.5.2015,written by this Applicant to the
Prime Minister detailing the scam in the deal is annexed
with this IA , as Annexure A-1.

12. Furthermore, hereinbelow is summarised various

submissions on Black Money Ordinance for illicit wealth
restitution.
(a)This Intervenor submits that the issue of black money
should not get muffled as a mere taxation avoidance
issue but as a major systemic crime of denying the
proceeds of wealth within the nations financial system
which denial should be declared as constituting treason
with wilful deprivation of opportunities of sharing the
wealth for the benefit of the poor people of the nation.
(b) Just as the illicit wealth of Mubarak of Egypt or Gaddafi
of Libya were declared illicit and restitution of illicit wealth
ordered, Union of India through the an ordinance declare
the intent of the nation to ensure restitution of
nationalised illegal money deposit abroad for the benefit of
the deprived poor of the nation and to promote
development initiatives of the governments under the
Directive Principles of State Policy, as was done for the
nationalisation of private banks. Such a declaration of the
will of the people of India through an Ordinance by the
State nationalisation of all accounts of Indian citizens in
the banks of the 90 odd nations permitting secret banking,
as suggested Senior Advocate and eminent scholar Fali S.
Nariman.

(c )It will have a chilling effect on the behaviour of

institutions in tax havens holding illicit wealth of Indian
citizens. The suggested ordinance should provide for
categorical directions to all financial institutions all over
the world and signatories of Inter Governmental
Agreements to honour this commitment of the Union of
India, to facilitate restitution of illicit monies held outside
Indian financial system depriving their beneficial use for
the benefit of the poor masses of the nation and for
developmental imperatives which are a struggle to
overcome the colonial loot and loot by the corrupt
violating the laws of the State.
(d)SIT may be asked by this Honble Court to invite
distinguished Senior Advocate Fali Nariman who had
suggested such an Ordinance, a suggestion which should
become a crucial instrument of black money restitution
which is mandated by the Honble Supreme Court to be
achieved through decisive actions of SIT on Black Money.
(e )These submissions are made in furtherance of the
solemn assurance of the PM, Shri. Narendra Modi, to the
people of the nation during the 2014 Lok Sabha election
campaign.

13.PRAYER: It is therefore prayed that this Honble Court:

(a) pass an order incorporating as directions, each

and every one of the suggestions submitted
hereinabove;
(b) Permit this Intervenor to interact or assist the SIT
in unearthing the black money stock stashed abroad.
(c ) pass such other and further orders as this
Honble Court deems fit and proper in the interest of
justice.
DEPONENT
Verified at Delhi on this 11th day of May 2015 that
the facts stated hereinabove in paras 1 to 12 are
true to my personal knowledge, based on data given
to me which I believe to be true; para 13 is a prayer;
the annexures are true copies.

DEPONENT

IN THE SUPREME COURT OF INDIA

CIVIL WRIT JURISDICTION
I.A. NO.

OF 2015
IN

WRIT PETITION (CIVIL)NO. 176 OF 2009

IN THE MATTER OF:
Subramanian Swamy

Applicant for Impleadment

Vs

Ram Jethmalani and Others

Respondents

APPLICATION FOR LEAVE TO FILE,APPEAR

ANDARGUE IN THE INSTANT MATTER IN PERSON
To the Honble the Chief Justice
of the Supreme Court of India,
And his Companion Judges of the Supreme Court
The humble Petition of the Applicant abovenamed MOST
RESPECTFULLY STATES THAT:
1.

The Applicant

has this day

filed the Application for

Impleadment in the instant matter. The facts are stated

therein and the Applicant craves leave to rely thereon
hereunder as if they form part and parcel of the instant
Application.
2(a) The Applicant understands his case thoroughly.
Indeed he has researched it over a period of more than a
decade. He is well equipped to file and appear in person in

the instant case . He has done so and succeeded too in

several important matters before this Honble Court .
He does not wish to engage an advocate.
2(b)The Applicant is not willing to accept an advocate
who can be appointed for him by the Court.
3. It is in the interest of justice that the Applicant be
permitted to file ,appear and argue, in the instant matter,
in person.
4. PRAYER: It is therefore prayed that this Honble Court:
(a) pass an order permitting the Applicant to file, appear
and argue in the instant matter as Applicant in Person;
(b) pass such other and further orders thereon as this
Honble Court deems fit and proper in the interest of
justice.
AND FOR THIS ACT OF KINDNESS,THE APPLICANT
SHALL,AS IN DUTY BOUND,EVER PRAY.
(Subramanian Swamy,
Applicant in Person)
Delhi, 11th May 2015

IN THE SUPREME COURT OF INDIA

CIVIL WRIT JURISDICTION
I.A. NO.

OF 2015
IN

WRIT PETITION (CIVIL)NO. 176 OF 2009

IN THE MATTER OF:
Subramanian Swamy

Applicant for Impleadment

Vs

Ram Jethmalani and Others

Respondents

AFFIDAVIT
I, Subramanian Swamy, son of Sitarama Subramanian,
aged about 75 years,resident of A 77 Nizamuddin East,
New Delhi 110013,do hereby solemnly affirm and state as
under:
1.

I am Applicant for Impleadment

in the aforesaid

Writ Petition and the accompanying Applicant for

Leave to Appear, File and Argue in Person; and am
fully

acquainted

with

the

matter

and

fully

competent to swear thereto.

2.

The facts in the Application for Leave to Appear/

Argue in person

in paras 1-3

personal knowledge. Paragraph 4

are true to my
is a prayer.

DEPONENT
VERIFICATION: Verified at Delhi this

day of

May

2015. that the contents of Paragraphs 1 - 2 of the above

Affidavit are true to my personal knowledge and no part of
the Affidavit is false and nothing material has been
concealed therefrom.
Verified at Delhi this

day of 11th

My

2015.

DEPONENT