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This is an archive article published on September 12, 2014

Court pulls up CBI for closure report in coal allocation case against Hindalco

The court said that the CBI had made a “mockery” of the closure report, and asked the agency why it was in a “hurry” to file one.

A Delhi court on Friday pulled up the CBI over the closure report filed in a coal block allocation case against Kumar Mangalam Birla-owned Hindalco after the investigating agency told the court that the original minutes of screening committee meeting, in which Hindalco’s application seeking coal blocks was taken up, were “missing”.

Special Judge Bharat Parashar told the CBI that it should “keep its house in order”, failing which the court would start “start imposing cost on the top officials of the CBI and deduct the cost from their salaries”. Stating that the CBI had made a “mockery” of the closure report, Parashar asked the agency why it was in a “hurry” to file one.

The agency, which informed the court that primary evidence containing original minutes of the screening committee meeting was missing, was asked by the judge to submit written documents to back the same. “Show if there was any statement which says that original minutes of the meeting of the screening committee were missing… did you think the court will accept the closure report with closed eyes?” Parashar said.

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The investigation officer (IO), who failed to submit the primary evidence containing original minutes of the meeting, had submitted secondary evidence in support of the closure report, saying that the “relevant” bank officials have authenticated the same.

The court responded: “Can a bank official authenticate the documents of the Coal Ministry? What provisions of the law prevented you take authentication from the ministry officials. How can you submit secondary evidence like this?”

Court proceedings then saw another twist as the judge ordered the IO to get the police file and the case diary within an hour from its Delhi headquarters, based on which the agency had initiated the preliminary enquiry into the case. “What kind of investigation have you done? What was the supervisory officer (SO) doing? Bring the police file and case diary and call your supervisory officer to the court now,” the judge told to the IO.

The SO, who then appeared before the court, was told: “You have a legal department. I am sure you have consulted them before filing the closure report. When you filed the report, have you at least made sure that it is legally sustainable?”

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The court questioned the SO further and asked whether the agency had “analysed” the facts of the case according to the evidence Act. “You have collected the facts and suddenly jumped to a conclusion. My query is, did you even understand the facts of the case according to the evidence Act before coming to a conclusion? Every chargesheet should run like a story. There is no sequence in your story,” the special judge said.

The court also asked the CBI if the Coal Ministry followed guidelines laid down for coal block allocation and added, “Tell me if there was any deviation in coal block allocation to Hindalco. If any, was it within the permissible limits? Your closure report is silent on this,” the court said. The court also asked the CBI to explain why it had ruled out the “element of criminality” in the allocation to Hindalco.

The court also pulled up the CBI for “dumping” illegible documents before it. “Some of the papers filed along with the final reports are blank. Around eight pages are also missing. I won’t accept any such documents from next time. This is not the first time I have pulled up the IO. The problem is your IO does not bother to tell you what happens in the court,” the court told the SO.

Fixing the next date of hearing on September 22, the court said , “I don’t know what I would ask in the next hearing. But I want your prosecutor to be ready with all the relevant documents, failing which I will start imposing cost on the top officials of the CBI and deduct the cost from their salaries,” the judge said.

Kaunain Sheriff M is an award-winning investigative journalist and the National Health Editor at The Indian Express. He is the author of Johnson & Johnson Files: The Indian Secrets of a Global Giant, an investigation into one of the world’s most powerful pharmaceutical companies. With over a decade of experience, Kaunain brings deep expertise in three areas of investigative journalism: law, health, and data. He currently leads The Indian Express newsroom’s in-depth coverage of health. His work has earned some of the most prestigious honours in journalism, including the Ramnath Goenka Award for Excellence in Journalism, the Society of Publishers in Asia (SOPA) Award, and the Mumbai Press Club’s Red Ink Award. Kaunain has also collaborated on major global investigations. He was part of the Implant Files project with the International Consortium of Investigative Journalists (ICIJ), which exposed malpractices in the medical device industry across the world. He also contributed to an international investigation that uncovered how a Chinese big-data firm was monitoring thousands of prominent Indian individuals and institutions in real time. Over the years, he has reported on several high-profile criminal trials, including the Hashimpura massacre, the 2G spectrum scam, and the coal block allocation case. Within The Indian Express, he has been honoured three times with the Indian Express Excellence Award for his investigations—on the anti-Sikh riots, the Vyapam exam scam, and the abuse of the National Security Act in Uttar Pradesh. ... Read More

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