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SC orders reopening of some coal files

09 Jul 2014

The Supreme Court on Tuesday directed the CBI to reopen some of the irregular coal block allotment cases in which the agency had decided not to register FIRs after carrying out preliminary enquiries (PE). 
 
The Central Vigilance Commission (CVC) gave two reports to the SC after examining over 150 closed PEs and recommended reopening of probe into some of the cases, agreeing with the investigating officer that a formal case required to be lodged to conduct in-depth inquiry into some coal block allocations. 
 
A bench of Chief Justice R M Lodha and Justices Madan B Lokur and Kurian Joseph asked the registry to forward the two CVC reports, one dated May 9 and the other July 2, to the CBI director and ordered, "The CBI director shall act according to the CVC reports." 
 
The court also said that those cases where the CBI filed closure reports after registering FIR should be looked into by CVC or some expert. "If they feel that a charge-sheet should be filed, the CBI should do it," the bench said. 
 
The bench also expressed displeasure over the lingering probe into the coal scam, reminding the agency that it was asked to complete the probe in all cases by December 31 last year. 
 
To its dismay, the court was informed that one of the three key investigating officers had sought repatriation to his parent cadre without completing probe into the cases assigned to him. 
 
The bench asked the officer, B Murugesan, how he could seek repatriation without completing the task assigned to him by the court. The bench told the CBI that the probe into all coal scam cases must be completed in the next three months. 
 
Senior advocate Amarendra Saran, special counsel for the CBI, suggested designating a special judge exclusively to try coal scam cases on the lines of the 2G spectrum scam. He said the case would also require a special public prosecutor who could guide the investigating agency on filing of charge-sheet. 
 
The CBI has so far completed investigation into 11 cases, filed five charge-sheets and decided to close six cases. The case involving industrialist Kumar Mangalam Birla and the PMO under the UPA regime is still under investigation. 
 
During the raids on Birla group companies connected with the alleged irregular allotment of coal block to Hindalco, it was reported that the CBI had seized a diary allegedly containing code names of politicians to whom bribes were allegedly paid. 
 
When the income tax department, through additional solicitor general Maninder Singh, sought the documents seized by the CBI during the raid, PIL petitioner M L Sharma requested the court to seek a copy of the diary seized during the raids to prevent its destruction. 
 
Saran said no diary was seized by the CBI during the raids as was fictionally reported in a newspaper. He said there were certain notes that were seized during the raids. SC asked the CBI to respond to the I-T department's request. 
 
 
 
Source: ToI