NEW DELHI, May 8:
Making a stinging criticism of CBI and senior officials of the Coal Ministry and PMO, the Supreme Court today hauled them up for changing the “heart” of the Coalgate probe report.
Observing that CBI was like a “caged parrot”, the court said it should stand up to all “pulls and pressures” and not share its probe with anyone including the Law Minister.
In a significant order after a three-hour hearing, the bench headed by Justice R M Lodha asked the Government to make an effort to come out with a law before July 10 to insulate CBI from external influence and intrusion.
It also directed CBI not to share any report pertaining to the investigation in the coal blocks allocation scam with any officials or ministers other than those in its 33-member investigation team and the CBI Director.
“The heart of the report was changed on suggestions of Government officials,” the court said in an apparent reference to the raging controversy over the sharing of the draft status report with political executive and joint secretaries in the Coal ministry and the PMO.
The CBI action had triggered a major political controversy with Opposition, particularly BJP, demanding the sacking of Law Minister Ashwani Kumar and resignation of Prime Minister Dr Manmohan Singh.
As a result, the “whole direction” of the probe was changed, the court said.
The court directed that immediate steps be taken by Centre and CBI to repatriate DIG Ravi Kant Mishra, who was the investigating officer in coal blocks allocation case and was shifted out to Intelligence Bureau.
Voicing concern over Centre’s interference in the draft status report, the court pulled up joint secretaries of the PMO and Coal ministry for meeting CBI officials and suggesting changes in the report.
“They have no business to interact with CBI. How can joint secretary go through the probe report?,” the bench asked while noting that the CBI was supposed to interrogate officials of the Coal Ministry for alleged wrongdoings.
The CBI also drew heavy flak from the bench, which dubbed the agency as a “caged parrot speaking in master’s voice”.
“It’s a sordid saga that there are many masters and one parrot,” the bench said after going through the nine-page affidavit of CBI Director Ranjit Sinha.
In his affidavit, Sinha had told the court that Law Minister Ashwani Kumar had made certain “significant changes” in the agency’s draft probe report on Coalgate, while top law officers and Government officials, including those from the PMO, had suggested amendments.
Sinha had detailed at least four changes, two made by the Law Minister and two by joint secretaries of PMO and Coal ministry Shatrughna Singh and A K Bhalla respectively.
“CBI must know how to stand up against all pulls and pressures by Government and its officials,” the bench, which also comprised Justices Madan B Lokur and Kurian Joseph, said.
The bench observed that job of CBI is not to interact with Government officials but to carry out interrogation to find out the truth.
The CBI Director, as also the investigating team, should have stood up and denied any access to the two joint secretaries of the PMO and Coal Ministry to the report, it said.
The bench wanted to know whether the Law Minister can ask CBI to show details of probe or status report in a case involving people of other ministries and the PMO.
“Does it not subvert the integrity of the investigation if changes are brought in status report on suggestion of Law Minister and Government officers?,” it asked the CBI.
The court said it will consider various aspects, including setting up of an SIT to look after the probe into coal blocks allocation scam.
CBI Director must ensure that no access of its report on Coalgate should be given to any person, including the Law Minister, other Union ministers, law officers, CBI counsel and department of prosecution of CBI, the bench said.
Attorney General G E Vahavati, who had submitted before the court earlier that he had not seen the CBI report, today stuck to his stand.
“I have neither asked, nor got the CBI’s probe report in coal scam,” he told the bench.
“My meeting with CBI officials took place only on suggestions of the Law Minister,” he said about the March 6 meeting at Kumar’s office in which the CBI Director as also the joint secretaries of the PMO and coal ministry were present.
In his affidavit, the CBI Director had stated that “a few changes were also done on the suggestion of the AG and officials of PMO and Coal ministry”.
Sinha, however, had asserted that neither the central theme of status reports got changed after meetings nor any deletion of any evidence against any suspect or accused took place.
During today’s hearing, the bench said no substantial progress has been made in the coal scam probe after registration of the case.
Facing the ire of Supreme Court in its coal block allocation scam probe, CBI today assured the apex court there will be a “thorough and qualitative” investigation and follow its directions in letter and spirit.
“CBI assures Supreme Court of thorough and qualitative investigation into Coalgate. It will follow directions of Supreme Court in letter and spirit,” the premier probe agency said in a statement.
The statement came hours after the CBI was rapped over sharing of the status report in the ongoing probe with Law Minister Ashwani Kumar and other officials of Coal Ministry and the Prime Minister’s Office(PMO).
On the issue of DIG Ravikant Mishra who was supervising probe in the coal allocation scam before he was transferred to Intelligence Bureau, the agency said he had completed his tenure and left because of “family reasons” even though he was given extension in the bureau.
The CBI’s remark came against the backdrop of the direction by the court that immediate steps be taken by Centre and CBI to repatriate Mishra.
“Mr Ravikant who was the SP in some of the coal allocation cases has completed his tenure in CBI as SP. Extension was offered and even insisted upon but he agreed for only a year as DIG and himself sought to move out of CBI due to family reasons.
He was relieved at the end of March,” a CBI official said without commenting on the observations made by the Supreme Court on this aspect.
A 1998-batch IPS officer of Odisha cadre, Ravikant was heading probe in cases related to alleged irregularities in the coal mine allocation and joined Intelligence Bureau after leaving CBI.
The atmosphere at the plush agency Headquarters was full of anticipation as senior and junior officers alike were awaiting the approach of the Supreme Court on the issue of alelged political interference in the working of the agency.
CBI Director Ranjit Sinha was keeping a tab on the happenings from Patna where he has gone on “tour”, agency sources said here.
As soon as the court observations were flashed on news channels, senior CBI officials were seen glued to their LED screens in their offices. The officials, who were out of offices for work, were seeking minute-by-minute details of hearing through their sources over phones.
The reactions were mixed as officials did not wish to comment on record on this politically sensitive and Supreme Court related matter.
Before the hearing began, one of the senior officials had commented that they wanted some “strict guidelines” issued by Supreme Court so that they could avoid succumbing to political pressure.
Another official said it was good that Supreme Court raised the issue of freeing the agency from political interference as CBI is dependent on the Government for day-to- -day working and various resources.
In a significant order after a three-hour hearing, the Supreme Court bench headed by Justice R M Lodha came heavily on CBI saying the Director and investigating team should have stood up and denied any access to two joint secretaries to the draft status report. (PTI)
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