Replacement Of Spl. Judge Trying Coal Scam Cases: Supreme Court Directs Delhi High Court's Chief Justice To Provide Panel Of Five Judges

Supreme Court has on Monday asked Chief Justice of Delhi High Court provide a panel of names of about five judges to enable the Court to suggest an appropriate replacement for Mr. Bharat Parashar, who was appointed as Special Judge to deal and exclusively try the offences pertaining to coal block allocation matters

A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian asked the Delhi High Court's Chief Justice to panel of names of about five judges of a high caliber and absolute integrity to replace Mr Bharat Parashar who in 2014 was appointed by Supreme Court as Special Judge to hear coal block allocation matters.

The Court observed that Mr. Bharat Parashar who has acted as a Special Judge (PC Act), (CBI) Patiala House Court, New Delhi, needs to be replaced, as he has now completed more than 6 years in the same post after having been posted as Special Judge by the Supreme Court in 2014.

The direction has been issued by the Court in response to letter of Registrar General of Delhi High Court seeking permission to nominate another suitable officer as Special Judge.

The Court observed that the Registrar General of Delhi High Court has written a letter seeking permission of the Apex Court to nominate/post another suitable Officer as Special Judge in place of Mr. Bharat Parashar, Special Judge, in the matter which is pending for about six years when the law contemplates the disposal of the such matters in two years which may be extended upto 4 times by periods of six months each.

The Court has requested Chief Justice, Delhi High Court to provide a panel of names of about five judges of a high caliber and absolute integrity to enable the top Court to suggest an appropriate replacement for Mr. Bharat Parashar, Special Judge.

Supreme Court through its order on 27th July 2014 had appointed Mr. Bharat Prashar, an officer of Delhi Higher Judicial Service for being posted as Special Judge to deal and exclusively try the offences pertaining to coal block allocation matters under the

Indian Penal Code, 1860, Prevention of Corruption Act, 1988, Prevention of Money-Laundering Act, 2002 and

other allied offences. It was directed that all cases pending before different courts in Delhi pertaining to coal block allocation matters would stand transferred to the court of Special Judge.

The Court had also directed that Senior Advocate Senior Advocate R.S. Cheema, be appointed as the Special Public

Prosecutor by the Government of India to conduct the prosecution of the offences pertaining to coal block allocation matters on behalf of CBI and Enforcement

Directorate.

Supreme Court had in August 2014 quashed 214 coal block allocations that the central government had allocated between 1993 and 2010. A three-judge Bench headed by Chief Justice of India R.M. Lodha had cancelled all but 4 of 218 allocations calling them arbitrary, illegal and amounting to unfair distribution of national wealth The decision had come in response to plea filed by NGO Common Cause and others challenging the legality of allocation of coal blocks to private companies from 1993 onwards

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