Coalgate: Why CBI adopting different yardsticks, asks court

New Delhi: CBI faced some searching questions from a special court regarding its investigation in the coal blocks allocation scam case on Monday with the judge wanting to know why the agency has adopted "different yardsticks" and not following a "uniform policy" in its probe.

The court was annoyed to the extent that it wanted to know from CBI if it was a "deliberate act or negligent act" by the officials of Ministry of Coal to clear files relating to allocation of coal blocks.

"The problem is that you are firing from the shoulder of the Coal Ministry," Special CBI Judge Bharat Parashar said while expressing dissatisfaction over the explanation given by CBI.

The judge, who has been appointed by the Supreme Court to exclusively deal with the trial in the coal blocks allocation cases, was irked by CBI's probe in the case involving JAS Infrastructure and Power Limited.

"I think you have agreed on what the accused has said or what the Coal Ministry officials have said," the judge said, adding "you cannot have different yardsticks in different cases. The yardstick has to be common."

The observations came while the court was hearing arguments on the closure report filed by CBI in the case in which it had lodged FIR against Nagpur-based businessman Manoj Jayaswal and others for alleged irregularities by JAS Infrastructure and Power Limited in acquiring the coal blocks.

The remarks, which came hours before the Supreme Court held as "illegal" the allocation of Coal blocks from 1993 to 2010, also mentioned that the investigation was "incomplete" and nothing was clear in the closure report.

The court said the issue in coal blocks allocations cases, including this case, was that there was loss to the exchequer but CBI's investigation is silent on the aspect if "it was a deliberate act or negligent act on the part of the officials of Ministry of Coal" to allocate coal blocks to such firms.

As CBI's investigation officer (IO) tried to answer the court's query, the judge remarked "am I talking to the IO of CBI or the counsel of accused? I do not want to repeat it again."

"You (CBI) will have to make a uniform policy. You cannot change the policy according to the accused," the judge said and fixed the matter for further hearing on August 29.

During the arguments, CBI told the court that during its probe they have not found misrepresentation of facts by the company.

CBI had lodged an FIR in the case on the allegation that JAS Infrastructure and Power Limited had not disclosed to the Coal Ministry that it was in possession of coal blocks earlier.

The company allegedly signed memorandum of understanding for small periods with a number of companies and added their equity to project their sound financial status at the time of application for coal blocks, CBI had alleged.

However, during the investigations, CBI could not find any "prosecutable evidence" against the company and filed a closure report in the case.