SC dismisses plea to name PM in FIR

M L Sharma had filed applications for directing the CBI to add the PM in the FIR.

The Supreme Court Tuesday dismissed a plea for ordering the CBI to also name Prime Minister Manmohan Singh in an FIR lodged against industrialist Kumar Mangalam Birla and former Coal Secretary P C Parakh in a coal block allocation case.

A Bench led by Justice R M Lodha noted that the plea was not only pre-mature but also lacked merit. The probe is still going on and it is for the CBI officials to look into it8230; we are still hearing the matter but you seem to have reached the conclusion, the Bench told petitioner M L Sharma.

Sharma had filed applications for directing the CBI to add the PM in the FIR lodged against Birla and Parakh and also question him in the wake of the PMOs statement justifying the allocation to Hindalco. Sharma also contended that the PM,who was in direct charge of the coal ministry in 2005,should also be asked to file an affidavit to make his stand clear on all the allocations and that his statements should be considered as extra-judicial confession.

Political parties want to control the CBI

As the Bench also took up the matter relating to granting autonomy to the CBI for warding off any extraneous influences,the Centre reiterated its stand on strongly opposing Union secretary-level status to the CBI director. Solicitor General Mohan Parasaran asserted that this will set a wrong precedent and that the existing procedure where CBI director could not approach the minister directly involved necessary checks and balances. At this,senior advocate Amarendra Sharan,appearing for the agency,complained that it was apparent that the government did not want to let go of the control over CBI. The Bench asked the government to file an affidavit,clarifying its stand on giving secretary-level status to the CBI director.

Appointment of amicus curiae

The court Tuesday modified its earlier orders on keeping all the political persons,advocates,government officials etc out of the process of preparation of status reports on the investigation into the allocation case. It allowed the two in-house CBI prosecutors as well as its special counsel Sharan to participate in the preparation of the reports so that they are fine-tuned and reflect application of legal minds. The court clarified that it was monitoring the investigation but not supervising it. The Bench also sought to appoint an amicus curiae,who would go through the reports and help the court in the proceedings. It will consider appointment of the amicus on November 26.

Examination of the allocation process

Turning the spotlight on seven mineral-rich states,the court had on the last date sought explanations from them on their role in allocation of coal blocks. Three states failed to file their responses and the court gave them two weeks time to do so. The government also sought some time to reply to their affidavits and the court said it will take up the pleas on November 26.