Coalgate: CBI not to file closure reports on its own, SC told

Coalgate: CBI not to file closure reports on its own, SC told

Facing flak, CBI today agreed in the Supreme Court not to file closure reports on its own in the trial court in the cases lodged by it in the coal block allocation scam.

While the apex court was on the verge of dictating the order in this regard, the CBI counsel said there was no need for any formal direction.

Taking into account the oral submission of the CBI, a bench headed by Chief Justice R M Lodha, said "it is now understood that they (CBI) will not file the closure report".

CBI was accused by an NGO, Common Cause that the probe in the scam was not moving fairly and there were instances that without seeking opinion of the Central Vigilance Commission, the agency was filing closure reports in regular cases.

The bench also took note that there are cases in which senior officials of the CBI have overruled the investigating officers after the preliminary enquiry on the issue of filing the regular cases and charge sheets.

It directed the CBI to place files relating to all preliminary enquires before the CVC for getting the report of the two vigilance commissioner within six weeks.

Chief Vigilence Commissioner Pradeep Kumar is not handling the coal block allocation scam as he was once with the Coal Ministry.

The bench, also comprising justices M B Lokur and Kurian Joseph, said it will later look into the issue of regular cases in which the CBI has expressed reservation for CVC opinion.

CBI has contended that in regular cases, it cannot take the opinion of the CVC as it would be contrary to the Code of Criminal Procedure (CrPC) which makes it mandatory for the probe agency to file charge sheets in competent court with all materials and it would be like outsourcing the judicial work.

The court, which posted July 8 as the next date of hearing, also asked the CBI and Enforcement Directorate to place before it by July 7 the status report on probe till June 30. 

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