New Delhi: A special court has dismissed the plea filed by businessman Manoj Kumar Jayaswal, an accused in a coal blocks allocation case, for return of his passport which was seized by the CBI during the probe, observing that he had delayed seeking legal remedy.
Special CBI Judge Bharat Parashar said that power of the court was sought to be invoked in an arena which the Passports Act does not permit and the accused should have been vigilant enough to challenge the proceedings of seizure of his passport by investigating officer (IO) at an initial stage or at least soon after filing of the charge sheet.
"By way of the present proceedings the powers of this Court are sought to be invoked in an arena which Passports Act does not permit. The accused/applicant (Jayaswal) cannot now take recourse to such a course of action on the basis of afore said legal prepositions so as to take advantage of (them due to) the laches committed on his own part," the court said.
During the arguments on the plea, Jayaswal's counsel had argued that during the course of investigation, CBI had seized the passport and it was informed by the IO later on that his passport was sent to Nagpur's passport officer for the purpose of impounding.
His lawyer had said that since CBI was not authorised to seize the passport during the probe so the action of sending the passport to the Nagpur's passport officer for the purposes of impounding was also not legal.
The court, in its order, observed that passport has since been impounded by passport officer after initiating necessary proceedings under the law, thus deciding the issue of legality or seizure of passport by the IO would have effect of circumventing the provisions of the Passports Act, 1967.
"Thus, if this court at this stage chooses to go into the said aspect of legality or otherwise of seizure of passport by the IO, then the same will have the effect of nullifying the entire proceedings pending before the Chief Passport Officer which also is a quasi judicial authority," it said.
"...I am thus of the considered opinion that at this stage of the matter it will not be appropriate for this court to look into the issue of legality or otherwise of seizure of the passport by the IO during the course of investigation as the passport is no longer with the CBI," the judge said.
CBI has chargesheeted Rajya Sabha MP Vijay Darda, his son Devendra Darda, Manoj Jayaswal, Director of Nagpur-based AMR Iron and Steel Pvt Ltd, and the firm as accused in a coalscam case for offences under sections 120-B (criminal conspiracy) read with 420 (cheating) of IPC and under the Prevention of Corruption Act.
Meanwhile, in a separate order, the court modified the bail condition imposed upon Devendra Darda according to which he shall not leave the country without its prior permission.
The judge said before leaving the country, Devendra shall intimate the court not later than a week before the actual date of journey about his travel plan, itinerary and his contact addresses.
The court said he was granted permission to travel abroad on a number of occasions and till date no complaint was received regarding misuse of liberty by him in any manner.
"...I am of the considered opinion that it will be in the interest of justice, if the condition imposed upon the accused vide order dated May 23, 2014, directing him to not to leave the country without permission of this court is modified.
"It is accordingly directed that hence forth before leaving the country accused shall intimate the court not later than a week before the actual date of journey about his travel plan, itinerary and his contact addresses during the said travel," the judge said.
The court, however, clarified that the accused shall remain present on each date of hearing unless ordered otherwise.
The court is at present hearing arguments on framing of charges in the case. The next hearing is on December 15.
The court had earlier granted bail to Vijay Darda, Devendra and Jayaswal after they had appeared before it in pursuance to the summons issued against them.
Vijay Darda, Devendra, Jayaswal and the firm were named as accused in the charge sheet filed by CBI on March 27 in which it had alleged that they had fraudulently acquired the coal blocks. Darda has denied the allegations against him.
Regarding AMR Iron and Steel Pvt Ltd, CBI had claimed in its FIR that the firm, in its application form for allocation of coal blocks, had "fraudulently" concealed the fact that its group firms had previously been allocated five coal blocks.
CBI had said that the 36th Screening Committee, which was headed by Coal Secretary, after concluding its deliberations on July 3, 2008, recommended allocation of Bander coal block jointly to J K Cement Ltd, M/s Century Textiles and Industries Ltd and AMR Iron and Steel Pvt Ltd for their proposed plants in Karnataka and Maharashtra respectively.
