The Special Court conducting trial in the ‘Coal Scam’ has ordered a further probe by CBI into the role of Adani Enterprises, AMR India, Lanco Infratech and officials who entertained their incomplete applications in the 2012 allotment of coal blocks in Jharkhand.
Special Judge Arun Bhardwaj, in his 10-page order, outlined the violations by each of the three companies even after the technical evaluation committee of the Coal Ministry pointed out that none of the companies submitted enough documents. In the order dated January 4, the Judge Bhardwaj asked the CBI to submit its report by April 15, rejecting its earlier reply that their probe is limited only to Lanco Infratech, the successful bidder of Jharia coalfields. The Court said though the technical evaluation committee found that all three companies submitted only chartered accountants and auditors’ certificates instead of original documents to claim their eligibility, the tender committee overlooked all the findings of technical evaluation committee.
The technical evaluation committee in 2012 said that “Adani Enterprises Ltd is not eligible in the absence of copies of submissions made to the statutory government authorities in support of OB (over burden) and coal production, the said firm was declared eligible by the tender committee on the basis of the certificate dated 24.09.2012 of its chartered accountant/undated certificate of its company secretary which mentioned that the information given in the certificates with respect to coal produced and over burden planned is as per submission of quarterly report of coal production activity submitted to Department of Mining and Energy of Republic of Indonesia and Department of Environment of Republic of Indonesia”.
“When such quarterly submissions were filed with Department of Mining and Energy of Republic of Indonesia and Department of Environment of Republic of Indonesia, why these submissions were not insisted upon by the Tender Committee? Will it not amount to showing undue favour to this company,” said the Court asking further probe into the entertaining of incomplete applications of Adani Enterprises.
“Therefore, further investigation is required to be conducted with regard to submissions made by M/s Lanco Infratech Limited to the Govt.
Authorities in Australia in support of OB & Coal production to find out whether Royalty Returns furnished by Lanco Infratech Ltd showed correct figures of OB & Coal production or not,” said the Court directing further probe on selection of bidders in the Jharia coalfields.