NEW DELHI: The Supreme Court on Thursday made it clear that CBI cannot evade periodic scrutiny of its probe into Coalgate, querying the agency's reluctance to file a status report and voicing doubts about the legal sanctity of coal block allocations.
The court's remarks on the central bureau of investigation's ongoing probe into massive irregularities in coal block allocations highlighted by the federal auditor came in the wake of one of the petitioners, NGO Common Cause, questioning efficacy of the investigations.
Counsel Prashant Bhushan said although CBI registered preliminary Enquiry (PEs) nearly seven months ago, there was no means to ascertain if the probe is proceeding to its logical end especially as the suspects include high-profile persons such as MPs.
A bench of Justices R M Lodha and J Chelameswar found substance in the contention and tossed the ball to CBI for a response. But, the agency expressed its reservation in submitting a sealed cover status report before the court, as it has been doing periodically for nearly two years in the court-monitored investigation into 2G spectrum allocation scam of 2008.
CBI's hesitation surprised the bench. "This is very strange. You don't want to share your investigation details and only want us to know only the final conclusion. This is not the first case nor is it going to be the last case where we are asking for status report in a sealed cover."
In a bid to limit damage to the cause of the investigators, additional solicitor general Harin Raval explained the technical reason behind the CBI's stance on a sealed cover status report. He said the agency is not averse to submitting such reports but remains wary that this would amount to conceding the petitioner's prayer for a court-monitored probe.
"We will faithfully carry out the instructions by the Court. We are willing to share all details. But providing status reports will amount to grant of the prayer in the petitioner (for court-monitored probe)," Raval said agreeing to file an affidavit indicating progress in the investigations and arrests made in connection with the three PEs registered in coal scam.
The bench then said: "If you are willing to say it on affidavit then nothing like it." It asked CBI to file its affidavit before March 12, the next date of hearing.
Indicating the tough hurdles the Centre needs to cross, the bench wanted to know the legal sanctity behind its powers to allocate coal blocks in states. It also sought to examine Rules of Business as well the source of power for an inter-ministerial screening committee to make the allocations.
After going through the affidavit filed by coal secretary S K Srivastava, the bench observed that "Allocation of the coal blocks does not prima facie seem to get sanction from any law." Drawing Attorney General G E Vahanvati's attention, the court said, "This question strikes at the root of the problem."
"In your affidavit you admit you have not acquired coal as a mineral, which continues to be held by the state. But the question is the power which Centre has under MMDR Act 1957. Does it extend to allocation of coal block on its own overriding the entire statutory mechanism provided under the Act?" it asked.
dhananjay.mahapatra@timesgroup.com
Why is CBI hesitating to file coal scam probe status report? SC asks
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Why is CBI hesitating to file coal scam probe status report? SC asks
