SC will examine allegations against former CBI Director Ranjit Sinha in Coal Scam investigation

The Supreme Court today decided to examine the allegations of interference with investigation of the coal block allocation scam by former CBI Director Ranjit Sinha. It also decided to look into the application filed by Mr. Sinha against the NGO (Petitioner) and its counsel Prashant Bhushan for perjury. This matter is now listed for February 16, 2015.The Petitioners in the Public Interest Litigation (with regard to coal scam) filed before the Supreme Court of India had moved an application seeking the following:“a) Direct Mr. Ranjit Sinha, Director, CBI, not to interfere in the coal block allocation case investigations and prosecutions being carried out by the CBI and to recuse himself from these cases.b) Direct an SIT appointed by this Hon’ble Court to investigate the abuse of authority committed by the CBI Director in order to scuttle inquires, investigations and prosecutions being carried out by the CBI in coal block allocation cases and other important cases.c) Pass other or further orders as may be deemed fit and proper.”Senior advocate Amarender Sharan, appearing for the CBI, contended that several contents including one about him in the abovementioned application and Mr. Bhushan's note, which he read out in Court, were factually incorrect.Mr. Sinha’s counsel Vikas Singh contended that judicial record spoke for itself that "false and malicious" allegations have been levelled against Sinha and it cannot be that "just because he is Prashant Bhushan he can get away with any lie".The Petitioners have based their prayers and claims on the following grounds:The Special Public Prosecutor appointed by this Hon’ble Court in the 2G cases, Mr. Anand Grover, confirmed that the conduct of Mr. Sinha was far from proper and amounted to serious interference in the 2G investigations and trial. Hence the Hon’ble Supreme Court vide order dated 20.11.2014 was pleased to allow the removal of Mr. Ranjit Sinha, Director, CBI, from the 2G case investigation and directed Mr. Sinha not to interfere in the 2G case investigations and prosecutions. Therefore Mr. Bhushan argued that the application in the instant case should also be treated on a similar footing and a decision arrived at by the Bench.In the coal scam investigation it came to light that Mr. Sinha, along with a few other senior officers of the level of the Joint Director, repeatedly overruled the investigation officers and forced them not to register FIRs/RCs in cases where PEs had been registered. He even forced them to file closure reports in cases where FIRs had already been registered.On this basis, this Hon’ble Court, vide order dated 28.03.2014, directed the CBI to submit their reports to the Central Vigilance Commission (CVC) in cases where Inquiry Officers had recommended registration of a Regular Case, but had been overruled by the CBI Headquarters. With this regard, the CVC has agreed with the investigation officers and recommended the registration of Regular Cases in as many as 14 such cases in the first instance, including the one against SKS Ispat (where former union minister Mr. Subodh Kant Sahaya is the accused). This Hon’ble Court has directed the CBI to abide by the view taken by the CVC. Therefore this order goes to show that the decisions taken at the level of the CBI Director and other senior officers to close these cases was wrong and amounted to subverting the process of investigation.Further it has come to light that the Special Public Prosecutor appointed by the Supreme Court in the Coal Scam cases, Mr. R S Cheema, has disagreed with the decisions of Mr. Sinha to file closure reports in several FIRs despite the fact that evidence of criminal culpability had been found against several companies, influential accused and public servants. Reportedly, Mr. Cheema has written as many as six letters to Mr. Sinha concerning these closure reports.The petitioners in the said application had also pointed out that the entry register of 2013 and 2014 maintained at the gate of the official residence of the Mr. Sinha at 2, Janpath, New Delhi, shows that he was having meetings, several of them late at night, at his residence with several accused persons in prominent cases like Coal Scam, 2G Scam, and with Hawala operators like Mr. Moin Qureshi, without any of the investigation officers being present.With regard to Meetings with the Dardas the application has stated: The meetings between the Dardas and Mr. Sinha must be seen in conjunction with the u-turns that were taken by the agency in the case against them. By 7th October 2013, both the SP and the IO had recommended chargesheet in all the three cases against Dardas/Jaiswals, MOS Coal, Coal Secretary etc. Senior PP had recommended prosecution in two out of these three cases. Mr. Vijay Darda, thereafter, according to the entry register met Mr. Sinha on 22nd November 2013. File was with the DIG at that time who again recommended chargesheets in all the three cases on 5th December 2013. However, on 6th December ...

SC will examine allegations against former CBI Director Ranjit Sinha in Coal Scam investigation

T.Mohan

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