In the midst of clamour for the independence of the Central Bureau of Investigation, the probe agency has sought Supreme Court’s permission to share investigation details in the coal scam with Government. The CBI also wants full power to change the composition of any probe team at any stage.
In an application filed before the apex court, which is monitoring the coal scam probe, the agency sought modification of the May 8, 2013 order placing restrictions on sharing of investigation reports with any person, Government or authority outside the CBI. By the same order, the Court had insulated the 34-member team investigating the case against any transfer or relocation. Moving a separate application, the agency requested the Court to allow changes to the team.
The application is expected to be taken up for hearing along with the coal scam status report presented by the agency in a sealed cover on Wednesday. The CBI in its application cited statutory provisions that would require it to share the investigation details with authorities and persons.
The agency referred to Section 17(1) and 17(2) of the CVC Act to highlight the statutory mandate upon CBI to send the inquiry report to CVC on completion of investigation.
It also quoted provisions of the Delhi Special Police Establishment Act to suggest how information had to be shared with Government authorities for purposes of notification or consent under Sections 5 and 6 and with ‘appropriate authority’ under Section 6A for purpose of approval or sanction.
The agency further pointed out the need to discuss details of the case and investigation with prosecutors and in-house legal team to secure opinion and decide the course of action in the event the accused file any proceeding in the other courts.
It also quoted portions of the CBI Manual to support its demand and said, “This in-house mechanism of seeking legal opinion during investigation ensures that only those cases are sent for trial which can stand the litmus test of trial.”
On the other application, the agency submitted, “With progress on the inquiries in allocation of coal blocks, more investigating officers are required to be associated with the investigation. Since two more cases are registered after the last date of hearing, it is proposed to add one SP and two Inspectors to the team of officers involved in the investigation.”
The agency said that the CBI director must be allowed to “dissociate” probe team member under “exceptional circumstances” and also be permitted to effect transfer of officer for administrative reasons. “There may be certain exceptional circumstances where a member of the team is to be dissociated immediately….the name of whom and reasons for dissociation would be intimated to the court in a sealed cover, as and when it occurs,” the agency’s application added.