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‘Fallacious and non-substantiated’: RBI on Swamy’s claim of its staff involvement in bank scams

New Delhi, Jan 4,  2023 – The RBI has told the Supreme Court that BJP leader Subramanian Swamy’s plea seeking a probe into the alleged role of its officials in various bank scams is “fallacious and non-substantiated”.

The RBI, in an affidavit filed in the apex court, said: “The averments made by the petitioners trying to link the scams to the RBI officials is fallacious and non-substantiated in the absence of any prima facie evidence produced by the petitioners. It is submitted that the RBI has an internal mechanism/framework to examine an employee’s conduct if there are any specific allegations, or prima facie evidence with respect to his actions or omissions”.

The apex court, in October last year, had sought response from CBI and the RBI on the petition.

The central bank further added that Swamy’s plea is characteristically frivolous and based on a complete misunderstanding of facts as well as the applicable law and sought its dismissal by the apex court. It said the petitioner has no locus standi to file the petition and it is riddled with factual and legal inaccuracies.

“The petitioners have not presented any evidence or specific allegation in this regard and have merely made vague and ambiguous wild allegations against the entire institution of the answering respondent,” the RBI’s affidavit said.

It added that a bare perusal of the petition reveals that it is bereft of the material particulars, and besides being gross abuse of process of law and waste of precious judicial time, it is also devoid of any merits or founded on substantial facts.

“It is further submitted that the RBI also has a Central Vigilance Cell (CVC) which oversees the conduct of the employees of the answering respondent. Moreover, it is amply obvious that for bringing any individual to justice, RBI official or otherwise, there needs to be prima facie evidence for the investigating agencies to examine their role. It is for the investigating agencies to conduct investigation as per the laid down procedures and applicable law,” said the affidavit.

It further added that most of the scams referred in the present PIL are already under investigation by the CBI and Enforcement Directorate. “It is not for the petitioners to direct the course of investigations and decide the aspects which are to be pursued by the law enforcement agencies,” said the RBI.

The RBI’s response came on a plea by Swamy seeking a probe into the alleged role of RBI officials in various banking scams.

The apex court on Wednesday granted three weeks to Swamy to file his rejoinder to the affidavit.  (Agency)

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