Express news service Posted online: Sun Apr 14 2013, 00:56 hrs
New Delhi : Calling the UPA a “rogue” government which will not allow the CBI to function independently, the BJP on Saturday demanded a probe by a special investigation team (SIT) into the alleged irregularities in the allocation of coal blocks.
The BJP was reacting to The Indian Express report on Saturday that Law Minister Ashwani Kumar and the Prime Minister’s Office had vetted the CBI’s status report on the coal blocks row submitted to the Supreme Court last month, and that the agency was inclined to inform the apex court about it.
Meanwhile, Kumar Saturday held a meeting with Attorney General Goolam E Vahanvati at his Shastri Bhawan office to discuss the issue. While there was no official communication about the meeting, sources said the minister sought the AG’s advice on the matter.
There were indications that the government may not field its law officers, including the AG, to represent the CBI when the matter is heard later this month by the Supreme Court bench headed by Justice R M Lodha. A senior advocate may be asked to settle the affidavit that the CBI director has to submit to the court. The court has asked the director to state in his affidavit that the CBI report submitted in a sealed cover on March 8 “was vetted by him and nothing contained therein has been shared with the political executive...’’
PTI quoted CBI director Ranjit Singh as saying The Indian Express report was “speculative”. “We are yet to file an affidavit before the Supreme Court,” he said, while refusing to comment on his meeting with the law minister at which they allegedly discussed changes to the status report.
But Leader of Opposition in the Rajya Sabha Arun Jaitley said the “CBI’s image of an independent agency is now completely demolished and dismantled. CBI cannot go to the root of the matter and find the truth, and even if some honest officer tries to find the truth, the UPA is a rogue government which will not allow it to act independently. Therefore the system will have to seriously consider whether an SIT must take over the administration and investigation of the coal scam.”
Terming it as a “very serious matter”, Leader of Opposition in the Lok Sabha Sushma Swaraj tweeted: “This is the evidence of the government’s pressure on CBI to save the Prime Minister.”
JD(U) spokesperson Shivanand Tiwari also termed the report as “very serious”, saying it amounted to contempt of court. “Supreme Court is asking CBI to submit its report and government is toning it down. This is for the first time to my knowledge that such a thing is happening,” he said.
The Congress, however, sought to dismiss the allegations. “There is no question of the Law Minister resigning. The Supreme Court has already asked CBI to file an affidavit in this regard. The CBI will file its affidavit and the truth will come out. The matter is being investigated under the supervision of the Supreme Court. The BJP should wait and not try to misguide the country and create obstacles in the way of investigations,” said Congress spokesman Rashid Alvi.
“Officers sometimes meet ministers, but it is not necessary that ministers put pressure on them. The BJP is in the habit of criticising the government unnecessarily. If the government orders a CBI inquiry, they demand a JPC. If the government constitutes a JPC, then they create problems for the JPC,” he added.
Jaitley said the fact that the interference was being done at the level of a minister and PMO officials raised serious questions. “The UPA is interested in diluting the guilt of culprits. What dilutions are to be made in the report was the agenda of this meeting,” he said.
“In a case related to autonomy and independence of CBI, the Supreme Court had categorically said, quoting from an English principle, that no minister of government can interfere and tell the CBI what to do and what not to do, and that is now completely violated,” said Jaitley. “The government owes an explanation... The original unaltered report of the CBI must be made public and also placed before the SC,” he added.
The Left parties said they would take up the issue in parliament. “It is a grave matter. If it is true, then it is something which is completely unacceptable. The CBI inquiry is being done under the supervision of the Supreme Court, hence such efforts are not permissible... We will definitely take up this matter (in parliament) and the government must answer the charge,” said senior CPI(M) leader Sitaram Yechury.
“This is a very serious matter. This shows how the ruling party interferes in the work of the CBI. This is a classic case of interference in the functioning of the CBI which is supposed to work independently and impartially. This shows the government and the ruling party can misuse the CBI, an issue which is often raised in parliament,” said senior CPI leader D Raja.
“It shows the ruling party is trying to influence the CBI. That a cabinet minister and PMO officials are reported to be involved makes it more serious. The Prime Minister owes an explanation to the country and Parliament,” he added.
http://www.indianexpress.com/story-print/1102111/
Centre vetted Coalgate report, CBI to inform Supreme Court
TNN | Apr 14, 2013, 01.30 AM IST
Pressure on CBI to prove probe’s credibility
NEW DELHI: In what could spell fresh political worry for the UPA, CBI director Ranjit Kumar Sinha has refused to file an affidavit in the Supreme Court on April 26 to support government's claim that law minister Ashwini Kumar did not vet the report which the agency submitted to the apex court on the status of its investigation into the Coalgate scam.
Sources said that CBI chief has been resisting the suggestion that he should deny that he was called to the law ministry to discuss the contents of the status report. He has decided not to commit perjury, sources said.
'Report is classified'
On March 12, the government, when asked by a bench of Justices RM Lodha, J Chelameswar and Madan B Lokur, had asserted that the CBI did not share the contents of the status report with the political leadership. "It is meant for the eyes of the Judges only and that the report is a classified document only for apprising the court about the progress in the probe," additional solicitor general (ASG) Harin Raval had asserted as he tried to assuage court's apprehension about political interference with investigation into one of the biggest scams.
However, the bench decided to ask the CBI director to file a personal affidavit stating that he alone had prepared the coal scam investigation status report, did not share its contents with the government, and that he would follow the practice in future as well.
Sources said that figures in the government have leaned on the CBI chief to harmonize his April 26 affidavit with its stand articulated by ASJ Rawal, but without success so far. Sinha does not wish to lie to the court on oath and attract penalty for perjury.
When contacted by TOI on Saturday, Sinha refused to confirm or deny whether the contents of the status report were changed at the law ministry's instance. "We have not filed the affidavit yet and so I cannot tell its contents and if changes (in the status report) were made or not. We will file it on April 26. It is a very sensitive issue".
CBI spokesperson said that the agency will "strictly comply with court orders".
The twist in the Coalgate scam can cause trouble for the government by bringing back the odour of corruption under UPA and by giving the opposition another handle. On Saturday, opposition feasted on the news that the law ministry had "summoned" the CBI chief for drafting the status report.
Allegations of large-scale bribery in the allocation of coal blocks are of concern to Prime Minister Manmohan Singh in particular as he had held the charge of the ministry during a period when some of the controversial allocations were made. He also approved of the decision to set up the screening committee which was allegedly used to favour individuals and business groups in the allocation of coal deposits.
Congress circles are perturbed that the law minister chose to be involved in the drafting of the status report on Coalgate. "He should have kept a distance," said a senior government functionary of the minister who is widely seen as the prime minister's choice for the law portfolio.
On March 12, Justices Lodha, Chelameswar and Lokur had after examining the fresh probe status report submitted by the CBI had told attorney general (AG) GE Vahanvati that the agency's preliminary findings appeared to contradict the Union government's stand that norms were uniformly applied in allocation of coal blocks.
After Raval drew court's attention to certain paragraphs in the status report, the bench told AG, "You say the government applied the norms were uniformly in allocating the coal blocks. However, the CBI has found no rationale in the allotments. The CBI has also found that there was no mechanism to verify the claims made by applicant companies about their financial strength and capabilities. Some companies even got coal blocks by misrepresenting their financial strength and capabilities."
The AG appeared to be stumped and said he would file a comprehensive affidavit meeting the preliminary findings of the CBI. However, the bench appeared to have some apprehension about the way the status report was drafted and asked Raval whether it was vetted by the CBI director. The ASG said "yes".
The court followed it up with another question, "Are you sharing the information given in the status report with the political executive?" Raval promptly said, "No. This is meant for the eyes of the Judges only. It is a classified document meant only for the Supreme Court."
When a law officer gives such a solemn assurance, there never was an occasion earlier where the court had asked for its verification. However, the bench appeared to have some reservation over the ASG's confident statement and though of verifying it indirectly.
It asked the CBI director to file an affidavit by April 26 stating that "whatever investigation is being done (in the coal scam matter) is not shared with political executive." Posting the matter for hearing on April 30, the bench also asked the CBI director to also promise in the affidavit that in future
http://timesofindia.indiatimes.com/india/Centre-vetted-Coalgate-report-CBI-to-inform-Supreme-Court/articleshow/19534376.cmstoo the investigation reports would be insulated from political interference.