A special court on Wednesday pulled up the CBI for trying to segregate one of the cases arising out of the coal block allocation scam to keep it away from being tried by it and seeking its transfer to a regular court.
The court was anguished that the CBI, which itself had got the case transferred to it from the regular court by citing a Supreme Court order, was seeking re-transfer of the case against two government officials on the ground that it was different from those being monitored by the apex court.
Special Judge Bharat Parashar said it was "strange" that despite relying on the Supreme Court's July 25 order on setting up of Special Court for coalgate, the CBI prosecutor and the investigating officer (IO) have not gone through it and were making distinction between the cases probed by its two wings--anti-corruption unit and economic offences wing.
The CBI, during the proceedings, later withdrew its application for transfer of the case from the Special Court to the regular court.
The judge expressed his displeasure that the CBI sought to make its own categorisation of the cases without consulting the apex-court appointed Special Public Prosecutor (SPP) RS Cheema, who has been authorised to examine documents relating to the scam. "Have you (prosecutor) gone through the Supreme Court's order of July 25....The CBI is relying on the Supreme Court's order but you are saying you have not gone through the order of the Supreme Court. This is strange," the judge observed and added that "You (CBI) are not preferring to talk to SPP appointed by the Supreme Court. The CBI has to take a stand." The remarks were made by the Special Judge as both the prosecutor and the IO replied in the negative to his question whether they have gone through the apex court order.
However, at this juncture, the court granted time to the prosecutor to explain about charges framed against two public servants, who are accused in the case in which the Delhi High Court had recently quashed charges against Chhattisgarh-based Prakash Industries Ltd and its director.
When the hearing resumed after two hours, the agency's prosecutor told the court that he has now gone through the apex court's order and he was convinced that only the Special Court will deal with all the coal blocks allocation cases.
"I have gone through the Supreme Court's order. In view of the observations of the Supreme Court, I am convinced that this court should deal with the matters and I am withdrawing my application," the prosecutor said after which the court allowed his submissions to withdraw the plea.
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