Coal scam: CBI seeks time to complete further investigation

CBI on Monday sought more time to complete its investigation in a coal block allocation scam case in which the agency's Director had received flak from a special court for approving a closure report without any legally sustainable "reasons or logic".

The investigating officer (IO) filed a progress report in the court, regarding further investigation ordered by the judge earlier in the case involving Vikash Metals and Power Ltd (VMPL) and its officials, and said that further probe in the matter is underway. Special CBI Judge Bharat Parashar granted time to the IO and fixed the case for December 15 for filing of progress report of further investigation. The judge, however, made it clear that if the IO differed from the court's earlier findings, he should give legally admissible reasons.

"Progress report with respect to further investigation has been filed. It has been stated that in the light of directions given by this court vide order dated October 15, 2014, further investigation in the matter is being carried out. Some more time has been sought. "Accordingly, put up on December 15, 2014 for progress report of further investigation," the court said.
The court was hearing the case involving VMPL and its officials in which they were accused of making false claims related to land allocation to get undue advantage in the coal block allocation. The FIR was filed in September 2012.

The CBI, however, had later on filed a closure report saying the allegations against VMPL or its directors or even against the public servants could not be substantiated during the course of investigation.
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. They were booked for the alleged offences under sections 120 B (criminal conspiracy) and 420 (cheating) of the IPC. The court on October 15 had refused to accept the closure report and passed an order asking CBI to further investigate the case and file a progress report. It had said the vetting of reports by top officers of CBI, including its Director, should be based upon "sound and legally sustainable reasons".

The court had asked the CBI Director and DIGs, who are supervising probe in coal scam cases,to ensure proper training of the officers to hone up their skills for probing the case. The court had noted that he would have taken cognisance of offences of criminal conspiracy and cheating of the IPC against VMPL and its directors or others involved at this stage but the probe about the role of Coal Ministry officers and other public servants in the entire process of allocation of coal block needed to be further carried out.

"Thus keeping in view the aforesaid perfunctory nature of investigation carried out by the IO which apparently seems to have been carried out with a pre-decided objective of filing a closure report, the same cannot be accepted," it had said. It had pulled up the IO for not probing crucial aspects of the case saying, he was "either completely oblivious of the basic nuances of investigation or he deliberately chose not to investigate the case properly with a view to help the company VMPL and its directors or Ministry of Coal officers." The court had agreed to contentions of Supreme Court appointed special public prosecutor R S Cheema who had said that conclusions drawn by the agency by "blindly accepting" the statement of directors of the company cannot be accepted.

CBI, in its FIR, had earlier said that VMPL wrongly claimed that it had been allocated 300 acres of land in Begusarai in Bihar by the Bihar Area Development Authority. The agency had found that the land was de-allocated and directors of the company failed to inform the screening committee members about it, it had said.