The Supreme Court on Monday asked the CBI probing the coal block allocation scam to provide details of probe being conducted against alleged diversion of coal by ultra mega power plants (UMPP). Presently, CBI is conducting probe in three cases where coal meant for power plant was diverted by the mine owning agency for its other plants or end uses. By its August 25, 2014 judgement, the Supreme Court had held such diversion to be illegal.
Quoting the portion of apex court order which read, “It is directed that the coal blocks allocated for UMPP would only be used for UMPP and no diversion of coal for commercial exploitation would be permitted,” advocate Prashant Bhushan appearing for a PIl petitioner Common Cause sought a status report from CBI on the companies which engaged in this malpractice. He cited the example of Reliance ADAG-owned Sasan UMPP situated in Madhya Pradesh against which the Comptroller and Auditor General (CAG), in one of its reports, found coal worth Rs29,000 crore to be illegally diverted over the years.
The Bench of Justices Madan B lokur, Kurian Joseph and AK Sikri asked CBI special counsel Amarendra Saran on whether it had knowledge of the progress achieved in the three cases under probe. Saran said, “Wherever there was diversion we have enquired. In three or four cases we registered a regular case (RC) only because there was illegal diversion.” When asked to comment on the enquiry against Sasan, CBI counsel was not in a position to reply. He expressed his handicap as the officer enquiring the cases was on leave. The Court agreed with Bhushan that of the many status reports filed by CBI so far, not a single report contained progress of enquiry with regard to illegal diversion of coal.
The Bench allowed Saran to take instructions and provide information by next week when the special Bench will sit to hear an application of perjury filed by former CBI Director Ranjit Sinha. Bhushan said that the progress made by CBI against Sasan assumes importance seen in the light of the alleged meetings held by former CBI Director Ranjit Sinha with senior officials of Reliance ADAG at his official residence. “In the light of the fact that CBI Director met senior officials of the company (Reliance ADAG) at least 60 times, CBI must inform on what investigation has been done in this regard.”
The Central Vigilance Commission, which has been tasked by Supreme Court to review every closure report filed by CBI, in its January 19 report to the court submitted that out of four closure reports submitted by CBI, one has been found fit for registration of a regular case. The court passed the CVC report to the investigation agency for necessary follow up. The Enforcement Director probing 19 companies for money laundering charges, informed Court in a separate report that 18 cases have been registered pursuant to investigation.