Sekar Reddy case: Ex-Chief Secy’s plea to cross-examine witness dismissed

Justice PT Asha before whom the plea came up for hearing on Thursday held that Rao had no rights to stake such a claim for cross-examining the witness.

Rao had contended that on December 10, 2016, officers of the Income Tax department undertook a search and seizure operation at his residence under section 132 of Income Tax with respect to his son’s affairs.

Further, noting that although the raid was clearly illegal because the raid was against his son and that the officers were not entitled to search his house, the former Chief Secretary said “On conclusion of the search and seizure operation, I learnt that my name has been implicated without any authority or law, I also learnt that the statement of the said Srinvasalu on the basis of which the search and seizure operation was conducted while Srinivasalu had retracted his statement later.

However, on perusing the file I learnt that the sole basis on which the proceedings were being undertaken against me under section 153C was the alleged statement of Srinivasalu and hence wanted to cross examine him.”

But the Income Tax department on holding that Srinivasalu during the search proceedings has stated that “I confirm that these books are maintained in this office by me. As per the instructions of partners S Ramachandran, J Sekhar and K Ratinam I am maintaining these books. The entries found are incidental expenses paid to various persons.” However, during the examination-in-chief conducted on December 12, 2018 and December 20, 2018 in person, the witness became hostile.

Therefore, the cross-examination requested by Ramamohan Rao is not considered. Challenging this, the former Chief Secretary had moved the High Court upon which his plea was disposed.