Coal scam: CBI now says enough evidence to take cognisance
10 Nov 2014 11:28 PM IST
The Supreme court appointed-special public prosecutor (SPP) R S Cheema submitted before Special CBI Judge Bharat Parashar that the court can take cognisance on the closure report filed by it on October 21 as there was prima facie "evidence against the accused to show their involvement".
The court after hearing the submissions advanced by Cheema and CBI prosecutors V K Sharma and A P Singh fixed the matter for November 25 for consideration of the agency's closure report.
"SPP states that under the facts and circumstances of the case, prima facie there is enough material to take cognisance of the offences against private parties and some of the government officials involved in the process of coal blocks allocation. Put up for consideration on the closure report on November 25," the judge said.
The CBI also placed on record a compilation of relevant documents relating to the case.
During the hearing, Cheema said, "We are asking for cognisance on the closure report as there was evidence against the accused to show their involvement."
The judge asked the prosecutor that if the court decides to take cognisance of the offences, will the agency be ready with its documents.
To this, Cheema said some further investigation was required in the matter.
Earlier, on October 21, CBI had filed a "detailed and comprehensive" revised final closure report before a the court in the case.
The FIR against Birla, Parakh and others was registered in October last year by CBI which had alleged that Parakh had reversed his decision to reject coal block allocation to Hindalco within months "without any valid basis or change in circumstances" and shown "undue favours".
The FIR relates to allocation of Talabira II and III coal blocks in 2005.
In its plea, CBI said these persons were required to be examined as witnesses as some new facts have emerged in the investigation conducted by ED which had filed a separate charge sheet against 19 accused in a 2G scam-related money laundering case.
Besides Raja and Kanimozhi, former Telecom Secretary Sidharth Behura, Raja's erstwhile private secretary R K Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Ltd MD Sanjay Chandra, Reliance ADAG executives Gautam Doshi, Surendra Pipara and Hari Nair are facing trial in the case.
Bollywood producer Karim Morani, Kalaignar TV Managing Director Sharad Kumar and Directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Agarwal, are also facing trial.
Besides them, three telecom firms -- Swan Telecom Pvt Ltd, Reliance Telecom Ltd and Unitech Wireless (Tamil Nadu) Pvt Ltd -- are also accused in the case.
The court had on October 22, 2011, framed charges against them under various provisions of IPC and the Prevention of Corruption Act dealing with offences of criminal conspiracy, cheating, forgery, faking documents, abusing official position, criminal misconduct by public servant and taking bribe.
The court after hearing the submissions advanced by Cheema and CBI prosecutors V K Sharma and A P Singh fixed the matter for November 25 for consideration of the agency's closure report.
"SPP states that under the facts and circumstances of the case, prima facie there is enough material to take cognisance of the offences against private parties and some of the government officials involved in the process of coal blocks allocation. Put up for consideration on the closure report on November 25," the judge said.
The CBI also placed on record a compilation of relevant documents relating to the case.
During the hearing, Cheema said, "We are asking for cognisance on the closure report as there was evidence against the accused to show their involvement."
The judge asked the prosecutor that if the court decides to take cognisance of the offences, will the agency be ready with its documents.
To this, Cheema said some further investigation was required in the matter.
Earlier, on October 21, CBI had filed a "detailed and comprehensive" revised final closure report before a the court in the case.
The FIR against Birla, Parakh and others was registered in October last year by CBI which had alleged that Parakh had reversed his decision to reject coal block allocation to Hindalco within months "without any valid basis or change in circumstances" and shown "undue favours".
The FIR relates to allocation of Talabira II and III coal blocks in 2005.
In its plea, CBI said these persons were required to be examined as witnesses as some new facts have emerged in the investigation conducted by ED which had filed a separate charge sheet against 19 accused in a 2G scam-related money laundering case.
Besides Raja and Kanimozhi, former Telecom Secretary Sidharth Behura, Raja's erstwhile private secretary R K Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Ltd MD Sanjay Chandra, Reliance ADAG executives Gautam Doshi, Surendra Pipara and Hari Nair are facing trial in the case.
Bollywood producer Karim Morani, Kalaignar TV Managing Director Sharad Kumar and Directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Agarwal, are also facing trial.
Besides them, three telecom firms -- Swan Telecom Pvt Ltd, Reliance Telecom Ltd and Unitech Wireless (Tamil Nadu) Pvt Ltd -- are also accused in the case.
The court had on October 22, 2011, framed charges against them under various provisions of IPC and the Prevention of Corruption Act dealing with offences of criminal conspiracy, cheating, forgery, faking documents, abusing official position, criminal misconduct by public servant and taking bribe.
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