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Court waiting for decision on issue of sanction in coal cases

11 May 2015

A special court on Friday said it would consider the supplementary final report filed by CBI in a coal scam case only after some finality is arrived on the issue of according sanction to prosecute government servants by the competent authority.

The court observed that certain issues in this respect were involved in a number of other coal blocks allocation scam cases where decision of competent authority on according of sanction to try public servants was "still awaited".

"In the present matter certain issues akin to issues involved in a number of other cases arises for consideration and the said issues primarily pertains to considering according of sanction to prosecute certain public servants by the competent authority. However, decision of the competent authority in the said other cases is still awaited," Special CBI Judge Bharat Parashar said.

"In these circumstances, I am of the considered opinion that it will be in the interest of justice if the present matter is considered further only after some finality is arrived at qua the said issues in the said other cases," the judge said and fixed the matter for June 1.

The court was hearing a coal scam case allegedly involving Vikash Metal and Power Limited (VMPL) and others.

CBI had filed the supplementary final report on April 7 in pursuance to a order passed by the court in October last year in which it had refused to accept the closure report and had directed the agency to further probe the case.

The case pertains to alleged irregularities in allocation of Moira and Madhujore (North and South) coal blocks in West Bengal to VMPL.

The case allegedly involves VMPL and its officials in which they are accused of making false claims relating to land allocation to get undue advantage in coal block allocation.

The FIR in the case was registered in September 2012. CBI, however, had later filed a closure report saying charges against VMPL or its directors or even against public servants could not be substantiated during its probe.

The court, in its October 15 last year's order, had noted that it would have taken cognisance of offences of criminal conspiracy and cheating against the firm and its directors or others involved, but the alleged role of officers of the Coal Ministry and other public servants in the entire process needed to be further carried out.

The FIR was registered against VMPL, its directors, including Vimal Patni, Vikash Patni and Anand Patni, and Anand Mallick who was the authorised signatory for the company.

They were booked for alleged offences under sections 120B (criminal conspiracy) read with 420 (cheating) of the IPC.

CBI, in its FIR, had said that VMPL had wrongly claimed it had been allocated 300 acres of land in Begusarai in Bihar by the Bihar Area Development Authority.

The agency had found that the land was de-allocated and directors of the firm had failed to inform the screening committee members about it, it had said.

source: http://ibnlive.in.com