JOIN USApex court names special judge, SPP for coal scam
The Supreme Court on Friday appointed Additional Sessions Judge Bharat Parashar to preside over a special court set up for exclusively holding trial in cases pertaining to the coal block allocation scam.
It also named senior advocate R S Cheema as special public prosecutor (SPP) to conduct prosecution of the high and mighty allegedly involved in it.
“We, accordingly direct competent authorities to issue requisite notifications appointing Bharat Parashar, officer of the Delhi Higher Judicial Service as Special Judge to exclusively try the cases pertaining to coal block allocation registered under the Indian Penal Code, Prevention of Corruption Act, Prevention of Money Laundering Act and other allied offences.
“Notifications shall be issued within two weeks from date of communication of this order,” said a three-judge bench headed by Chief Justice R M Lodha.
“In continuation, we also order that R S Cheema, senior advocate, be appointed as the SPP by the government to conduct prosecution of offences pertaining to coal block allocation on behalf of the CBI and the Enforcement Directorate,” said the bench, also comprising Justices Madan B Lokur and Kurian Joseph.
The court also ordered trial of the cases on a day-to-day basis, with a direction that no court other than the apex court would entertain or intervene in matters arising out of the scam.
It said on appointment, Cheema, the well known Chandigarh-based criminal lawyer, would have access to all materials and documents relating to investigations for his opinion and assistance to the special court in view of the high magnitude and compass of the case and he will be free to have his own team of lawyers to assist him.
The bench also said, “All cases (arising out of the coal block allocation scam) pending before different courts shall be transferred to the court of the special judge.”
The court made the direction amid strong opposition from the Centre.
Solicitor General Ranjit Kumar, appearing for the Centre, submitted that the right of the accused to approach a high court in case of miscellaneous orders passed by the special court should not be taken away by the apex court.