New Delhi: CBI's move to close the coal blocks allocation scam case against Kamal Sponge Steel and Power Ltd and its directors on Monday came under the scanner of a special court, which observed that the agency's closure report was "devoid of any reasoning or logical step".
Special CBI Judge Bharat Parashar said CBI's closure report lacked any logical step through which it had come to the conclusion that there was no "element of criminality" in the acts of "omission or commission" allegedly committed by Coal Ministry officials.
"...Without going into any further length of the matter at this stage, I may state that from a bare perusal of closure report, it is broadly clear that it is devoid of any reasoning or logical step through which the investigating agency came to this conclusion of there being no element of criminality in the impugned acts of omission or commission committed by the officers/officials of the Coal Ministry," the judge said.
The observation came when the court sought clarifications from the investigating officer (IO) about the closure report.
As the IO was unable to answer properly on court's query, the judge posted the matter for further arguments on September 9 saying it would be appropriate to hear special public prosecutor (SPP) R S Cheema on the issue. Cheema was not present in the courtroom during the hearing.
"However, as the SPP is not available on Monday so at this stage, I am refraining myself from making any further observations as it will be appropriate to hear him first," the judge said.
CBI, in March this year, had filed a closure report in the FIR in which Kamal Sponge Steel and Power Ltd, its directors, Pavan Ahluwalia, Kamaljeet Ahluwalia, Prashant Ahluwalia, its senior official Amit Goyal and some unknown public servants were arrayed as accused.
They were named as accused in the FIR for allegedly misrepresenting facts, including inflated net worth, to acquire coal blocks.
However, after the probe, CBI had filed a closure report saying they have not found sufficient evidence against the firm and its directors to proceed with the case. PTI
During the hearing, the court told the IO that on the next date of hearing it will hear arguments "especially as regard to the legally admissible reasoning or logic through the process of which the investigating agency came to the conclusions as find mention in the closure report".
The IO said that during the probe, he had also recorded statements of some other witnesses but these were not placed before the court as they were not relied upon by them.
He also said though negligence on part of the officials of the Coal Ministry came to their knowledge during the course of investigation, "no element of criminality" was found in it.
The agency in its closure report has said that the acts of Coal Ministry officials in not checking the applications with regard to their eligibility and completeness, was not found to be in pursuant to "criminal conspiracy".
The judge, who was not impressed with the submissions of the IO, questioned him for not filing entire sets of documents before him and asked if CBI has a choice of "withholding" documents.
"What is the role of an investigating agency? It has to file all the documents or it had a choice to make while filing the documents in the court... Do you have choice to withhold documents?" the judge asked.
To this, the IO said CBI can file other documents also in the court.
CBI had earlier claimed that officials of the firm had furnished unaudited balance sheet and had allegedly inflated its capacity to produce sponge iron by 25 percent.
