Coal allocation scam case: Why Jindal’s passport was not seized, court asks CBI

The agency alleged in the charge sheet that Jindal group firms had misrepresented facts to acquire the coal block in 2008.

Senior public prosecutor V K Sharma told the court that it was decided in CBI’s office that passport of Naveen Jindal will not be seized during the probe.

Stating that the “discretion” vested upon the investigation agency “cannot be on arbitrary grounds” a special court on Thursday pulled up the CBI over the non-seizure of the passport of industrialist and Congress leader Naveen Jindal-chargesheeted by the agency along with 14 others in a coal block allocation case. The court has now directed the CBI director to “ensure” that a “uniform policy” be laid down over seizing of passports of the persons facing investigation.

Taking a strong view over the non-seizure of Jindal’s passport, special Judge Bharat Parashar asked the CBI whether it follows a “uniform policy” duly supported by “cogent and legally sustainable reasons” over seizing of passports of the persons facing investigation whenever a case stands registered against them. The special court has now directed the CBI Director to send a copy of the “uniform policy” so framed within next 30 days.

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The CBI on Thursday faced the court’s ire after the agency told the special judge that a decision was taken by them that passports of Jindal and some other accused chargesheeted be not seized and that only an “intimation” about it shall be sent to the concerned passport officer that investigation against the accused persons was “pending”.

“I deem it appropriate to direct the CBI director to ensure that a uniform policy be laid down to be followed in all such cases in future so that the precious time of the court is not wasted in dealing with such issues which primarily and prima facie arises out of arbitrary exercise of discretion by certain authorities,” the special judge observed. Observing that the special court will not “infringe upon the discretion” with the investigation agency in this regard, he added that there has to be “specific reasons to be spelled out” in the case diary as to “why a particular course of action is adopted” for one accused and not for the others.

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Naveen Jindal