CBI files status report on Coalgate; seeks SC nod to share info with CVC
08 July 2013
The Central Bureau of Investigation (CBI), which is probing the alleged mishandling of the allocation of coal blocks by the government between 2005 and 2009, today filed a status report on the Coalgate probe before the Supreme Court.
CBI, which filed the report in a sealed envelop, also sought a modification of the court's 8 May order, which asked the CBI to keep the investigation secret.
The CBI wants the Supreme Court to modify its order that bars the agency from sharing information with authorities.
The court, in its 8 May order, had asked the CBI director to ensure that secrecy of the inquires and investigations into the coal blocks allocation was maintained and no access was given to any person or authority, including any union minister, law officers, CBI advocates, the director of prosecution and officials of the union government.
The CBI in it status report filed in the court earlier, had alleged that the companies, which were allotted coal blocks, have not adhered to the set guidelines.
CBI, in its 12th status report, had alleged industrialist and Lok Sabha member Naveen Jindal of cheating, criminal conspiracy and misconduct in getting coal blocks in Jharkhand.
The CBI in its application for modification of the order: ''The Central Vigilance Commission Act mandates that on completion of inquiries, the inquiry report be sent to the CVC. The CVC has in the past sought information about the investigation of the case. At that stage, investigation was at its initial stages. Thereafter, since the matter was pending in the Supreme Court, the CBI has not supplied any information to the CVC till date.''
The CBI said that in some instances, where investigation ''…is to commence or under way, section 6(A) of the Delhi Special Police Establishment (DSPE) Act has to be complied with, failing which investigation carried out by the CBI may be subjected to a challenge at a subsequent stage.''
''At present, no proposal under section 6(A) of the DSPE Act relating to sanction is pending. Initially, approval was declined. However, after sending a detailed report, sanction was granted by the government. Keeping in view the scope and nature of the investigation, since the need can arise at any stage, modification of the order is prayed for.''
Also, CBI pointed out, ''In order that the investigation may proceed efficaciously and all aspects of the matter may be fairly and effectively probed, it is prayed that the May 8 order be suitably modified to exempt the CBI from disclosing such information as is necessary to comply with the statutory mandate under sections 5, 6 and 6(A) of the DSPE Act.'' The order, if modified, would also allow it to consult its prosecutors and in-house legal authorities and share investigation reports with them under the CBI manual, it added.