In what is sure to raise eyebrows, the CBI is likely to move the designated court with a plea for the removal of the term “competent authority” from the Hindalco FIR. Competent authority implied Prime Minister Manmohan Singh in the FIR.
Moreover, it comes close on the heels of the PM asking investigating agencies to draw a line between policing and policy making — an assertion that was repeated by Finance Minister P Chidambaram also during an international conference on corruption organised by the CBI last month.
Incidentally, the CBI action in the Hindalco case is progressing at a slow pace.
The PM had said that police and investigative agencies should distinguish between intent of malafide and error of judgement by the executive.
Underscoring that policy making is a multi-layered and complex process, he had also called upon the need to draw a line of confidence between police and investigative agencies on one hand and honest executive functionaries on the other.
The PM has publicly defended his controversial move to allot Odisha-based Talabira II coal block to Aditya Birla group company Hindalco and has given a clean chit to the private sector company.
While CBI Director Ranjit Sinha refused to answer a text message from The Pioneer if the agency was seeking a legal opinion to move a plea for removing the term from the FIR, the spokesperson neither responded to the text message nor took a phone call.
The CBI FIR states: “In his recommendation, the Secretary (Coal) (PC Parakh) proposed the formation of a Joint Venture Company between Mahanadi Coalfields ltd, M/s Neyveli lignite Corporation ltd. and M/s Hindalco Industries ltd. with equity share holding of 70 per cent, 15 per cent and 15 per cent, respectively which was approved by the Competent Authority.” The FIR has also alleged that due to the illegal allotment of the block to Hindalco, the proposed power project of the PSU Neyveli lignite Corporation could not take off despite approval from the Power Ministry.
PM Singh was in charge of the Coal Ministry at the time of the rejection of Hindalco’s application for the coal block and subsequent allocation. Screening Committee was only a recommending body and the PMO was the decision-making authority in respect of coal block allocation to Hindalco.
Parakh has contended that while he did make the recommendation for allocation of the block to Hindalco, it was the Prime Minister who took the final decision on it and the CBI should have made him an accused in the case.