Court raps CBI over shoddy investigation in coal scam
19 Sept 2014 5:50 AM IST
A special court on Thursday took the CBI to task for doing a shoddy investigation job in the coal scam case. Observing that the CBI probe into a coal block allocation case was ‘bereft of basic nuances of investigation’, the court on Thursday ordered further probe in an FIR in which the agency had filed a closure report against Kolkata-based Vikash Metals and Power Ltd and its officials. The court said that CBI’s closure report requires further probe as some ‘crucial’ aspects were not covered during the investigation.
‘Perusal of PE (preliminary enquiry) and closure report show that the cart is sort to be placed before the horse. It appears on bare perusal of PE and closure report that the investigating officer(IO) first chose to decide the conclusion and thereafter, he proceeded to prepare his report. I am once again constraint to note that the closure report filed by the CBI, as in the present case, is bereft of basic nuances of investigation,’ Additional Sessions Judge Bharat Parashar said.
During the hearing, the judge pulled up the CBI’s Investigating Officer for not bringing in court the original report of PE conducted in the case and instead producing its photocopy before him. ‘It is beyond comprehension as to how such kind of closure reports are being forwarded by senior officers which clearly shows that even the age-old well established procedures of investigation are not being followed,’ the court said.
‘As rightly stated by SPP (R S Cheema) the present matter needs further investigation on crucial aspects for which separate order is to be passed,’ the court said and fixed the case for 30 September for further hearing. CBI, in September 2012, had registered an FIR against Vikash Metals and Power Limited and its officials, accusing them of making false claims related to land allocation to get undue advantage in the coal block allocation. The FIR was registered against Vikash Metals and Power Limited, its directors, including Vimal Patni, Vikash Patni and Anand Patni, and Anand Mallick who was the authorised signatory for the company. They were booked for the alleged offences under sections 120 B (criminal conspiracy) and 420 (cheating) of the IPC.
‘Perusal of PE (preliminary enquiry) and closure report show that the cart is sort to be placed before the horse. It appears on bare perusal of PE and closure report that the investigating officer(IO) first chose to decide the conclusion and thereafter, he proceeded to prepare his report. I am once again constraint to note that the closure report filed by the CBI, as in the present case, is bereft of basic nuances of investigation,’ Additional Sessions Judge Bharat Parashar said.
During the hearing, the judge pulled up the CBI’s Investigating Officer for not bringing in court the original report of PE conducted in the case and instead producing its photocopy before him. ‘It is beyond comprehension as to how such kind of closure reports are being forwarded by senior officers which clearly shows that even the age-old well established procedures of investigation are not being followed,’ the court said.
‘As rightly stated by SPP (R S Cheema) the present matter needs further investigation on crucial aspects for which separate order is to be passed,’ the court said and fixed the case for 30 September for further hearing. CBI, in September 2012, had registered an FIR against Vikash Metals and Power Limited and its officials, accusing them of making false claims related to land allocation to get undue advantage in the coal block allocation. The FIR was registered against Vikash Metals and Power Limited, its directors, including Vimal Patni, Vikash Patni and Anand Patni, and Anand Mallick who was the authorised signatory for the company. They were booked for the alleged offences under sections 120 B (criminal conspiracy) and 420 (cheating) of the IPC.
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