New Delhi, November 11
The government today issued a notification on the terms and reference of the Justice R. S. Pathak inquiry “Authority” to probe the allegations in Paul Volcker report against the Congress and former External Affairs Minister K. Natwar Singh in the oil-for-food scam, vesting the single-member probe body with the powers of a civil court under Section 11 of the Commission of Inquiry Act (CIA).
The notification was issued by the government under a resolution, required to be passed by it to fulfil the conditions of Section 11 of the CIA. It stated that the Authority would “inquire into various aspects relating to the references in the report of (UN) independent inquiry committee (Volcker Committee) pertaining to two specific contracts under the UN oil-for-food programme, where the beneficiaries have been listed as Mr K. Natwar Singh… and Congress party,” it was officially announced here tonight.
The resolution said, “The government hereby resolves to set up a single member Inquiry Authority to be headed by Mr Justice R. S. Pathak, former CJI and former Judge of International Court of Justice.”
It would give its opinion on the “authenticity and reliability” of the allegations in the Volcker report, its sources, materials and documents and whether in its opinion the purported transactions number “M/9/54” and “M/10/57” pertaining to Mr Natwar
Singh and Congress in the oil-for-food programme were genuine, justified or not.
Giving the Authority six months’ time to complete the inquiry, the resolution further said it would probe whether “any Indian entity or individual received any money or other consideration from, or paid any money or other consideration to, any Government, agency, company, firm or individual in connection with the purported transaction in the UN oil-for-food programme, pertaining to M/9/54 and M/10/57 contracts.”
As per the notification, the report of the Authority would be laid before each House of Parliament together with the memorandum of action taken thereon under Section 3(4) of the CIA within six months of the submission of the report, an official release said.
The Authority had been conferred with all powers of a civil court for summoning of witnesses, documents and receiving of the evidence under Section 4 and call any person for furnishing information useful or relevant to the subject matter of the inquiry under Section 3 of the Act.
Under various sub-sections of Section 5 of the Act, Justice Pathak has been conferred with the power to order conduct of search in any premises, seizure of books of accounts and documents relating to the case.
The government said that under Section 5(4) of the CIA, the Authority “shall be deemed to be a civil court” for the purpose of inquiry and it would be conferred with the power of “contempt” as prescribed under the Indian Penal Code.
The proceedings of the Authority “will be deemed” to be the judicial proceedings under Section 5(5) of the Act and it would have powers to utilise the services of any of the officer of the Central or State governments or their investigating agency with their concurrence for completion of the inquiry.
