CBI opposes SC proposal to appoint amicus curiae
28 Nov 2013 5:17 AM IST
At the outset of the proceedings, senior advocate Amrendra Sharan, appearing for the agency, strongly opposed the suggestion of a apex court bench headed by justice RM Lodha to appoint amicus, saying it is not acceptable as it would amount to supervising the probe.
‘It is bound to interfere in the ongoing probe. It would compromise the independence of the institution if the probe report would be shared with the amicus. The report is meant for the court and no other person be allowed to go through it,’ he said, adding, ‘amicus curiae is not acceptable to me’.
The bench, also comprising justices Madan B Lokur and Kurian Joseph, said there is no question on supervising the probe and it is just monitoring the investigation.
The bench expressed surprise on why the CBI is so adamant against appointment of amicus saying ‘it is difficult to understand how it (appointment of amicus) would prejudice or harm the probe’.
‘If the court is benefited by an objective view of amicus other than you(CBI) then what is the problem,’ the bench said, noting ‘You are not appreciating the difficulty faced by us in going through the report and amicus may tell us what has been missed by you.’
The bench said that it is not supposed to just go through the report without commenting on it.
SC issues notice to ED in coalgate
NEW DELHI: The Supreme Court on Tuesday issued notice to Enforcement Directorate seeking its response on what action it has taken against various accused involved in coal block allocation scam. A three-judge bench headed by Justice RM Lodha passed the order on a plea seeking direction to ED to probe and take action against accused under Prevention of Money Laundering Act(PMLA). Advocate Prashant Bhushan, appearing for one of the petitioners submitted that the ED and CBI should act simultaneously.
‘It is bound to interfere in the ongoing probe. It would compromise the independence of the institution if the probe report would be shared with the amicus. The report is meant for the court and no other person be allowed to go through it,’ he said, adding, ‘amicus curiae is not acceptable to me’.
The bench, also comprising justices Madan B Lokur and Kurian Joseph, said there is no question on supervising the probe and it is just monitoring the investigation.
The bench expressed surprise on why the CBI is so adamant against appointment of amicus saying ‘it is difficult to understand how it (appointment of amicus) would prejudice or harm the probe’.
‘If the court is benefited by an objective view of amicus other than you(CBI) then what is the problem,’ the bench said, noting ‘You are not appreciating the difficulty faced by us in going through the report and amicus may tell us what has been missed by you.’
The bench said that it is not supposed to just go through the report without commenting on it.
SC issues notice to ED in coalgate
NEW DELHI: The Supreme Court on Tuesday issued notice to Enforcement Directorate seeking its response on what action it has taken against various accused involved in coal block allocation scam. A three-judge bench headed by Justice RM Lodha passed the order on a plea seeking direction to ED to probe and take action against accused under Prevention of Money Laundering Act(PMLA). Advocate Prashant Bhushan, appearing for one of the petitioners submitted that the ED and CBI should act simultaneously.
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