New Delhi: CBI's bid to close the case filed against top industrialist Kumar Mangalam Birla and others in coal blocks allocation scam on Friday took a new turn when a special court questioned the agency as to what was the "hurry" in filing a closure report in the matter.
The observation came after the investigating officer (IO) told the court that the original minutes of meeting of screening committee, in which Birla-owned Hindalco's application seeking allocation of coal blocks was dealt with, were "missing".
The agency told the court that they have already lodged a PE (preliminary enquiry) regarding the missing documents.
To this, Special CBI Judge Bharat Parashar said, "I have nothing to do with the PE. What was the hurry to close this case On what basis you have drawn such conclusion (to close the case)?"
"What kind of investigation you have done? What was your supervisory officer doing? Was he (supervisory officer) only forwarding the documents to the court? Bring the police file and call your supervisory officer in the court now," the judge said while giving the IO one hour time to call his superior.
The court was also anguished that the IO has not brought the case diary before it and even the documents filed by the agency along with its final report were not legible.
"I will go through each and every document. This case cannot go on like this. I will understand only when I will be able to read out the documents. I am unable to read them. They (CBI) are only dumping files in the court," the judge said.
On court's direction, the IO called CBI's SP Nirbhay Kumar, the supervisory officer, who also reiterated that the minutes of the screening committee meeting were "missing".
"They are missing. We have filed a separate PE on this," he said, adding, draft of the minutes of the meeting has been filed in the court and they have been authenticated by the concerned officer of the Ministry of Coal.
The court was hearing the closure report filed by the CBI in its FIR lodged against Birla, former coal secretary P C Parakh and others.
The CBI's SP also told the court that draft minutes of the screening committee meeting were seized from Odisha government. "We have taken the statement of Odisha Government's official who had attended the meeting," he said.
At this juncture, the court asked the agency, " You have filed the case. There are three stages of investigation. You have seized and collected all the documents in the first phase but then you are jumping straight away to the third phase saying that case is not made out."
On being asked by the court as to how many members of the screening committee were examined by CBI during the probe, the IO said, "We have examined four-five members of the screening committee."
During the hearing, the supervisory officer told the court that the Odisha government had recommended allocation of coal blocks to Hindalco and even Chief Minister Naveen Patnaik had written a letter in this regard.
The court, however, asked, "Was it considered later on that the Power Ministry had not recommended allocation of coal blocks to Hindalco?."
"Was chief minister's letter a relevant document? Power Ministry's report was negative," the judge asked CBI, adding, "the question of illegality has already been decided by Supreme Court and now we have to see the aspect of criminality only."
On being asked by the court that whether the application filed by Hindalco was rejected by the screening committee initially, the IO said, "Yes, this was rejected by screening committee."
To this, the judge asked, "When the recommendation of the screening committee reversed? Was it permissible in law? Your final report is totally silent of this aspect."
After long arguments during which the CBI faced the court's ire on various issues, the judge posted the matter for September 22 when he needed all the clarifications.
"I am fixing it for September 22. I do not know what will I ask but whatever I will ask, the IO should be ready with it. Initially I am telling you all this but after that I will start imposing costs on you if you will waste my time," the judge said.
"Later on, I will not give two minutes to the prosecutor or IO to search documents," he observed.
During the hearing, on being told by the IO that original minutes of the screening committee meeting were missing, the court asked whether the agency has recorded the statement of anyone in this regard.
"Did you record the statement of anyone regarding missing of the file? Show me the statement which says original minutes are missing," the judge told the IO.
After the IO failed to clarify on this aspect, the judge observed, "no statement is there which says that original minutes are missing."
However, as the IO said that draft of the minutes of the meeting, which was filed in the court, was authenticated by Coal Ministry officials, the judge asked, "how can you say that these documents are authenticated when you do not have the original minutes?."
"How did you arrive at the conclusion that these are the actual minutes of the meeting? Who authenticated that these were the documents of minutes of screening committee meeting which were missing? You have not taken signatures of anyone on draft copies," the court said.
"If tomorrow I decides to take cognisance and trial is to proceed then how will you lead evidence?," the judge asked.
On the issue of filing of illegible documents, the court rapped the agency saying, "You are making a mockery of the entire process. I cannot read the file, I cannot start the arguments. What should I do? Should I close the case for a month due to this?."
The CBI, on August 28, had filed a closure report in the case in which it had earlier lodged FIR against Birla, Parakh and others in one of the coal blocks allocation scam cases.
The FIR against Birla, Parakh and others was registered in October last year by CBI which had alleged that Parakh had reversed his decision to reject coal block allocation to Hindalco within months "without any valid basis or change in circumstances" and shown "undue favours".
The FIR relates to allocation of Talabira II and III coal blocks in 2005 and CBI had booked Birla, Parakh and other officials of Hindalco under various IPC sections, including criminal conspiracy and criminal misconduct on the part of government officials.
In its FIR, the agency had alleged that during the 25th Screening Committee meeting, chaired by Parakh, applications of Hindalco and Indal Industries were rejected for mining in Talabira II and III "citing valid reasons".
