New Delhi: A special court on Wednesday agreed with the contentions of the Supreme Court-appointed prosecutor that CBI "blindly" accepted the versions of the accused in a coal scam case while seeking its closure saying that the agency's report appeared to be more in their defence.
Special CBI judge Bharat Parashar's view was in consonance with Special Public Prosecutor (SPP) R S Cheema's that the conclusion drawn by the agency in the case involving Vikash Metals and Power Ltd (VMPL) and its officials cannot be accepted and the court should take cognisance of the offences of cheating and criminal conspiracy.
"He (SPP) also stated that the conclusion drawn by the investigating agency by blindly accepting the statement of directors of the company that the letter of cancellation of allotment of land was never received by them also cannot be accepted," the court noted.
It, however, ordered further investigation in the case while observing that probe regarding the role of some Coal Ministry officers and other public servants in the entire process of allocation of coal block needs to be further carried out.
It noted Cheema's submission that he was not in agreement with the conclusion drawn by the CBI in the case.
"Though at the outset, I may state that I find myself in complete agreement with the contentions of SPP but the matter needs to be looked further qua other aspects also.
"I am rather constrained to observe that investigation in the present matter has been carried out in a clandestine manner and the final (closure) report of the CBI rather appears to be a document purporting to be a plea of defence of the accused persons rather then the report of an investigating agency," the judge said.
CBI, in September 2012, had registered an FIR against VMPL and its officials, accusing them of making false claims related to land allocation to get undue advantage in the coal block allocation. VMPL was allocated Moira and Madhujore (North and South) coal block in West Bengal's Raniganj area.
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 for the offences of cheating and criminal conspiracy.
The court, in its 23-page order, said CBI's final report in the case cannot be accepted as the "perfunctory nature of investigation" conducted by the investigating officer (IO) was apparently carried out with a pre-decided objective of filing a closure report.
"In fact I would have proceeded to take cognisance of the offences under sections 120B (criminal conspiracy)/420 (cheating) of the IPC against the company M/s VMPL and its directors or other persons involved at this stage itself but the investigation qua the role of Ministry of Coal officers and other public servants in the entire process of allocation of coal block needs to be further carried out.
"Certain aspects qua their functioning needs to be clarified for which further investigation is imperative," the judge said and directed the agency to file a progress report on further probe on November 10.
During the arguments on the issue of consideration of the closure report, Cheema was not in agreement with conclusions of the IO that allotment of land to the accused firm was not a relevant consideration for allotment of coal block.
The SPP had also said it cannot be held that any wrong statement made with regard to allotment of land could not have affected the allotment of coal block.
He had also stated that the conclusion drawn by the CBI by blindly accepting the statement of directors of the company that the letter of cancellation of allotment of land was never received by them also cannot be accepted.
Cheema had also said the court can proceed against the directors who were concerned with the application made by the company for allotment of coal block and presentation or the feed back form submitted to the Screening Committee.
