Coal news and updates

Special CBI judge Bharat Parashar's adverse remarks against the agency's brass for filing closure reports in some coal block allocation scam cases has sparked resentment in the probe agency, leading to one of the investigators Nirbhay Kumar on Thursday recusing himself from the coal scam probe. 

 

Sources in the agency said the remarks were unwarranted. They also said while the judge may have been well within his rights to make the observations, it was unfair as the officers could not defend themselves or explain the context it which the decisions were taken.

 

READ ALSO: Court slams CBI director, says closure report approved by him lacks logic 

 

Sources said the agency is examining the option of moving a higher court to get the observations expunged. Even superintendent of police Nirbhay Kumar, who has been the target of the trial court's caustic comments, is planning to move a petition to get his reputation redeemed. 

 

The agency said it will abide by the special judge's order of reinvestigation but comments like "agency officers should be sent for proper training to hone up their investigation skills" demoralize its officers who have worked for years on these cases. 

 

Parashar has rejected closure reports of CBI in two coal scam cases so far - against Kumar Mangalam Birla and former coal secretary P C Parakh and now in the case against Vikash Metals and Power Limited. 

 

A CBI officer told TOI, "Wednesday's order of the special CBI court has caused a great deal of resentment among officers." The agency officers discussed the order at a meeting on Thursday.

 

READ ALSO: Court pulls up CBI for filing illegible documents 

 

"All the officers, starting from the investigating officer to director, have not found any substantial evidence in the case. If the judge feels further investigation is required, we will definitely do it but commenting against all officers of CBI is unwarranted," the officer said. 

 

CBI said filing closure reports or their rejection by courts was usual practice. "Whenever we are asked to further investigate or file the charge-sheet in a particular case, we follow the order. But the remarks about efficiency of officers or saying things like IO was oblivious to nuances of investigation or deliberately choosing to not investigate are uncalled for," the officer added. 

 

 

There are a number of Supreme Court and high court orders advising judges to refrain from making disparaging comments against officers unless "extremely necessary". The agency may rely on an SC order by Justice (retd) K G Balakrishnan and Justice (retd) P Sathasivam on April 16, 2009, saying, "It is settled law that harsh or disparaging remarks are not to be made against persons and authorities... unless it is really for the decision of the case as an integral part thereof." 

 

The judge, while rejecting the Vikash Metals and Power closure report on Wednesday, had cautioned CBI that the vetting of reports by top officers, including its director, should be based upon sound and legally sustainable reasons. He cautioned the agency that the line of distinction between an "inadvertent act or a malafide act" was very thin and the vetting of reports should confirm to well settled principles of law and hoped that no such mistakes occurred in future.

 

READ ALSO: SC notice to CBI chief Ranjit Sinha for 'protecting' coal scam accused 

 

"I may also mention that since the final reports are vetted by the prosecution branch of the CBI and thereafter by the director as per the practice being followed, then it is expected that in view of the vast experience of the legal officers of the CBI and its senior officers, including the director, the vetting of the reports should not only confirm to the well settled principles of law but also to sound and legally sustainable reasons and logic," Parashar had said. 

 

"Director, CBI and DIG supervising the investigation of the case shall also ensure that if they find the officers working under them to be lacking in the skills of investigation, they shall ensure proper training and refresher courses for them at CBI academy so as to hone up their skills of investigation," the court had said. 

 

 

Source: ToI