Statement in SC: CBI bid to shunt out coal scam probe DIGs

The CBI has moved an administrative note to allow it to immediately disassociate DIG Ravi Kant, who has been acting as a supervisory officer in one set of the coal scam cases since 2012.

The development has come months after The Indian Express reported that at least one investigating officer (IO) complained to the agency director of “huge amounts” of money having “exchanged hands” and “corrupt” senior officers contaminating some probes.

May 2, 2016: Report on letter alleging corruption in probe

The complaint, written anonymously and signed by “Honest IOs, CBI”, had alleged that some seniors in the agency are taking bribes from companies to fix cases and are pressuring IOs to “weaken” cases where payoffs have been purportedly made.

The complaint had cited 24 specific cases — and offered details that are not in the public domain because the apex court has ordered strict confidentiality regarding the investigation. In its response to The Indian Express, the CBI had in May 2016 denied the allegations made in the complaint and added that it would place the “relevant facts” before the court.

On Friday, senior counsel Sharan sought the court’s permission to immediately let go of DIG Ravi Kant since his term of deputation was long over and added his continuation in the coal scam investigation was not required any more.

Sharan said: “He is just an supervisory officer. He is not required in the case any more. Some new DIG will come and he can take over the matter very well. There are officers who come to Delhi and then they don’t want to go back even after their deputation ends. They cannot be allowed to remain associated with a case forever.”

CBI’s counsel submitted before the bench, also comprising Justices Kurian Joseph and A K Sikri, that the agency was seeking an immediate order for Ravi Kant and that two other DIGs Amit Kumar and V Murugesan, could also be repatriated since the CBI did not want to look partisan. While Ravi Kant has been associated with the probe since the inception, other two officers joined the probe as supervisory officers a few months later.

The bench, however, retorted: “Mr Sharan… the final call has to be ours. We will decide.” The court noted special prosecutor R S Cheema’s submission that there were five cases still being finalised by Ravi Kant and that the call on sending him back could be taken after his job in the coal scam gets over.

“What is the hurry? What can be your (CBI’s) problem if the prosecutor says that his assistance is still required? We will take up your plea in April,” the bench told Sharan.

Senior advocate Prashant Bhushan. (File Photo)

On his part, Prashant Bhushan, who appears for PIL petitioner NGO Common Cause in the coal block cases, complained that the CBI was trying to “dismantle the whole team” by seeking to move out the officer who has been there from the beginning. “What kind of arguments is the CBI making? I have serious objection. This officer has been there from the beginning. Why should he be sent out suddenly now?” contended Bhushan.

In May 2013, the special bench had made it clear that no officer should be repatriated without its permission since this would cause “unwanted suspicion”.

“We want continuity in the investigations. Some officer in the investigating team may request (for a transfer). But that can be entertained only after the investigations are completed. If it is changed at the DIG level, then the intensity and focus of the investigation may change,” the bench had then asserted.

The court had said this when it was informed that Ravi Kant, a 1998-batch IPS officer of Odisha, had been repatriated on his own accord following a three-year deputation. Expressing displeasure at the agency’s move, the court had directed to get him back in the team of 33 (now 38)-member SIT investigating three set of cases, in which around five dozen RCs (regular cases) have been registered so far.