‘Fallacious and non-substantiated’, RBI on Swamy’s claim on role of staff in bank scams [Read Counter Affidavit]

NEW DELHI: The RBI has told the Supreme Court that former MP Subramanian Swamy’s plea seeking a probe into the alleged role of its officials in various bank scams is “fallacious and non-substantiated”.

"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," the RBI said in an affidavit filed in the apex court.

The central bank also said 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 top court, in October last year, had sought response from CBI and the RBI on the petition by Swamy.

The RBI said Swamy’s plea is characteristically frivolous and based on a complete misunderstanding of facts as well as the applicable law and sought its dismissal.

The central bank said the petitioner has no locus standi to file the petition, which 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.

The RBI also has a Central Vigilance Cell, which oversees the conduct of the employees. 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, the affidavit said.

It further added that most of the scams referred in the present PIL are already under investigation by the CBI and Enforcement Directorate (ED). “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," the RBI said.

On Wednesday, the court granted three weeks to Swamy to file his rejoinder to the affidavit.

In his plea, Swamy sought a direction to the CBI to probe role of RBI officials for their alleged connivance in Kingfisher scam, Bank of Maharashtra scam, Uttar Pradesh-based Private sugar organisation scam, Nirav Modi/ Punjab National Bank scam, Rotomac Global Private Limited scam, Lakshmi Vilas Bank scam, IL&FS scam, PMC Bank scam, YES Bank Limited scam, First Leasing Company of India Limited scam.

[Read Counter Affidavit]