by Arun George 34 mins ago
5:05 pm: Court tells CBI not to share report with anyone apart from probe team, director
The apex court bench has told the CBI that it cannot share the report with anyone other than its 33-member probe team and Director.
4: 55 pm: Next hearing of case on July 10
The next hearing of the case will now be on July 10 by which time the government will have to submit in an affidavit how it will ensure the independence of the CBI in the future.
Meanwhile, CNN-IBN reports that PMO sources have said that despite the scathing opinion of the apex court there is no need to take any action for now since these are not the final orders.
So would these mean that both Law Minister Ashwani Kumar and the two bureaucrats concerned are just going to take it easy? Looks like it.
4:45 pm: Congress says it has taken note of Supreme Court’s suggestions
Congress spokersperson Renuka Chowdhury said that the government will react to the observations made by the Supreme Court but said there was nothing wrong with the meetings held between the CBI and the Law Minister and bureaucrats.
“We have taken note of the various suggestions and inputs that the Supreme Court has given. It will go a long way in streamlining future investigations,” she said.
We will ensure parameters are maintained during the act of governance, Chowdhury said.
“I don’t think the Prime Minister is culpable,” she said.
4:30 pm: CBI promises thorough probe
Following the tongue lashing by the apex court the CBI has said it will follow directions of Supreme Court in letter and spirit.
The apex court has assured the Supreme Court of a thorough and qualitative investigation into the Coalgate issue.
4:20 pm: SC asks if CBI needs more technical expertise and if retired judge should head probe
Given the CBI’s statement that it had not been able to investigate the coal block allocation probe due to its technical nature, the apex court has reportedly asked the agency if it needs the court to provide with the required technical expertise, reports Times Now.
The court has also asked if a retired judge should be appointed to head the probe, the channel reported.
4:15 pm: Petitioner in case says there has been no improvement in CBI
Vineet Narain, who became a party to the Coalgate petition said that the court has again reiterated that it had laid down conditions in the 1993 Jain Hawala case that have not been followed.
“The matter will come up for hearing after the court’s vacation where the government will have to state what steps it has taken to make the agency independent,” Narain said.
We are back to square one when it comes to investigating agencies like CBI, he said.
4:10 pm: CBI can’t interact with government without court’s permission
The apex court has laid down strict conditions and said that the government will have to take its permission before it interacts with the CBI, reported Times Now.
No interaction is allowed with permission of the court, the Supreme Court has observed.
3:55 pm: SC reinstates original investigating officer
The Supreme Court has also reinstated the original investigating official in the case Ravi Kant, who had been transferred out of the CBI to the intelligence bureau, reported CNN-IBN.
3:50 pm: The BJP says the Law Minister should resign immediately
“Law Minister should go forthwith. He should resign immediately or sacked,” BJP leader Venkiah Naidu said.
We will go from the Parliament to the people, the BJP leader said, adding that it was high time that the government goes.
Meanwhile, BJP leader Rajiv Pratap Rudy has pressed for the resignation of the Prime Minister. Will either resign? Watch this space.
3:40 pm: SC debunks CBI chief’s affidavit, says heart of report changed
The apex court has debunked the CBI chief’s affidavit saying that no major changes were made in the agency’s probe report by the government.
“The heart of the report was changed on the suggestions of government officials,” said the apex court.
3:37 pm: You must know how to stand up against pressure, SC tells CBI
CBI must know how to stand up against all pulls and pressures by government and its officials, the apex court tells the agency.
Meanwhile, CNN-IBN reports that Law Minister Ashwani Kumar might resign as early as this evening. Also the two bureaucrats pulled up by the apex court, from the PMO and Coal Ministry, are likely to be transferred, the channel reported quoting sources.
Meanwhile on Times Now, Lord Meghnad Desai believes the upset over the apex court’s observations the Prime Minister will quit as an honourable man. Well even the channel’s anchor looks rather skeptical about that one.
3:35 pm: SC tells CBI that it has made no progress in probe
No substantial progress has been made in the coal scam probe after registration of the case, the apex court has told the CBI.
The court also told the agency that the probe report is not a progress report to be shared with government and its officials.
3:25 pm: SC says CBI is like sand
The Supreme Court is continuing with its strong criticism of the agency
Court gave you strength 15 years ago to be like rock but you are like sand, the apex court reportedly observed, said Times Now.
The court has also said that it wants proper investigations in the case, the channel reported.
The CBI has been pulled up and said the court observed that just the agency’s word of mouth would not be enough in the matter, the channel reported.
3:20 pm: Sushma Swaraj reiterates demand for resignation of minister
Sushma: ASG blamed Attorney General. Now Attorney General blames Law Minister. The fact is all three of them have misconducted themselves.
3: 15 pm: CBI says they didn’t weren’t well versed, SC asks why it didn’t admit to this earlier
The CBI attempted to tell the court that it had consulted with the bureaucrats because it was not well versed with investigations of a technical nature.
However, the court has reportedly countered that the CBI could have told them this at the inception of the investigation so that the court could have deputed experts to aid them.
3:10 pm: Court asks how many people are investigating Coalgate scandal
Continuing its scathing criticism of the CBI and the government, the apex court has reportedly questioned how many investigators were investigating the case given that Joint Secretaries were interacting with the CBI, reports Times Now.
What business do they (joint secretaries) have to go to the CBI office and perusing the report, the court reportedly observed.
2:55 pm: CBI’s job is to interrogate and not interact
The apex court has pulled up Joint Secretaries of PMO and Coal Ministry for meeting CBI officials and suggesting changes in the draft report.
“CBI’s job is to interrogate and not interact to find the truth,” the court reportedly observed said Times Now.
The court has questioned why officials who were subjects of the probe by the CBI were interacting with the investigating agency on two occasions and suggesting changes.
Probe report is not a progress report to be shared with government and its officials, court observes.
2:50 pm: Attorney General defends himself
Attorney General Goolam Vahanvati has defended himself and said that he never called for the final report of the CBI.
“ I have neither asked nor got CBI’s probe report in coal scam,” the lawyer reportedly said.
My meeting with CBI officials took place only on suggestions of the Law Minister, Vahanvati told the court.
However, the court has said that he could have revealed more details during the past hearings on this, reported Times Now.
2:45 pm: Supreme Court says a minister cannot interfere in investigations
The Supreme Court bench has reportedly observed that the Law Minister “could ask for status of investigation but cannot interfere”, reported Times Now.
The court also observed that the minister went beyond just asking for status report.
Is this the beginning of end for Law Minister Ashwani Kumar?
2:35 pm: SC says CBI is a caged parrot
“We want to know about the independence of the CBI,” the court observed, reported Times Now.
“CBI has become a caged parrot speaking in master’s voice”, the court has reportedly observed, adding that the CBI chief’s affidavit showed that it had many political masters.
“It’s a sordid saga that there are many masters and one parrot,” the court said.
The court has questioned whether it should undertake the exercise itself or whether the Attorney General can ensure that a law can be passed to ensure the independence of the agency.
2:30 pm: Court says it needs to act within boundaries of law
Hearing the petitioner’s plea the apex court had observed that generalities like ‘remove the PM’ can’t be dealt with by the court, reported Times Now
Every word stated must be within four corners of the law, the court observed.
2:25 pm: Petitioner wants complaint filed against Attorney General and Additional Solicitor General
The petitioner in the case before the Supreme Court has reportedly sought that a complaint be filed before a magistrate against Attorney General Goolam Vahanvati and Additional Solicitor General (ASG) Harin Raval for their role in the CBI report being vetted by the Law Minister, reports Times Now.
Prashant Bhushan, who is also a party to the case, has said that there is evidence that the government has interfered with the probe and cannot be trusted, the channel reported.
2:00 pm: Ashwani Kumar to go after SC hearing?
CNN-IBN quoted sources in the Congress as saying that Ministers Pawan Kumar Bansal and Ashwani Kumar could be asked to step down once the hearing in the Supreme Court is over.
1:45 pm: Shukla says no reason for Ashwani Kumar to resign
Congress’ Rajiv Shukla says there are many people who believe that Law Minister Ashwani Kumar is not guilty of any impropriety and didn’t have to vacate his post. At least not until 2:30 pm when the court starts the hearing in the case.
“Government’s job is to interpret the court’s observations and after that a decision will be taken,” Shukla told Times Now.
Supreme Court of India. Reuters
1:30 pm: Countdown to Supreme Court hearing on CBI chief’s affidavit
The Supreme Court will today examine CBI’s nine-page affidavit on the coal scam. The affidavit has caused trouble for Law Minister Ashwani Kumar as the investigating agency has stated that the Minister made some changes to the first draft report on the coal block allocation.
It is likely that the apex court will pose some tough questions to the Centre following CBI Director’s affidavit that the Law Minister and senior officials of the PMO and Coal Ministry had made significant changes in the probe report.
Since the filing of the affidavit, Ashwani Kumar is under attack from the opposition which is demanding his resignation over the issue, and the situation could worsen for him if if adverse remarks are made against him by the apex court.
A three judge bench headed by Justice R M Lodha, which had pulled up the CBI for keeping it in the dark about the sharing of status report with government, will go through a second affidavit filed by Sinha giving details of the changes made and at whose instance these were done.
Sinha in his affidavit said that the minister made “certain changes” in the agency’s draft probe report on
Coalgate and gave details of series of meetings with Kumar, Vahanvati, Additional Solicitor General Haren Raval and Shatrughna Singh and A K Bhalla, joint secretaries of the PMO and the Coal Ministry during which changes in the probe reports were suggested and made by them.
The CBI version contradicts reports of Kumar’s account that he was not involved in drafting the changes.
http://www.firstpost.com/india/live-sc-to-hear-cbi-chiefs-affidavit-ashwani-to-go-after-that-763157.html
CBI is a caged parrot: Supreme Court
By Niticentral Staff on May 8, 2013
5:23 pm: SC to consider various aspects including setting up of SIT to look after the probe into coal blocks allocation scam.
5:22 pm: SC to CBI- Does it not subvert integrity of investigation if changes are brought in status report on suggestion of Law Minister and Government officers?
5:21 pm: SC wants to know can Law Minister ask CBI to show details of probe or status report in a case involving people of other Ministries and PMO.
5:20 pm: SC- CBI Director, investigating team should have stood up and denied any access to two joint secretaries to draft status report.
5:19 pm: SC- Status report on probe in Coalgate shall not be provided to special CBI court where FIR was registered.
5:15 pm: Supreme Court tells CBI chief to ensure no access to any person, including Law Minister, other Union Ministers, law officers, CBI counsel and Department of Prosecution of CBI to probe in coal block scam.
5:12 pm: Supreme Court- Immediate steps be taken by Centre & CBI to repatriate DIG Ravi Kant Mishra who was investigating officer in coal block case and transfer to IB.
5:11 pm: SC asks Centre to come out with a law before July 10 to insulate CBI from external influence
and intrusion.
5:10 pm: SC directs CBI not to share progress of probe or any report or material with anybody other than its 33-member team and Director.
5:07 pm: SC asks CBI to file status report on Coalgate by July 3
5:02 pm: Government will have to file an affidavit in the Supreme Court on how it will ensure the independence of the CBI.
4:59 pm: Supreme Court adjourns the Coalgate case, next hearing will be held on July 10.
4:50 pm: SC verdict on CBI affidavit to come out anytime now.
4:43 pm: Ravi Shankar Prasad, BJP leader -SC's order to the CBI on the Coalgate scam has given teeth to our demand for PM's resignation.
4:39 pm: Ravi Shankar Prasad- Prime Minister would have to be held accountable for what ever happened with the CBI's draft report. Would the PM now own up for what happened in the Coalgate scam?
4:36 pm: CBI says it will follow directions of Supreme Court in letter and spirit.
4:29 pm: Prakash Javadekar BJP- No shield can shield the PM anymore.
4:28 pm: D Raja CP(I)- This is an indictment of the PM and the PMO.
4:25 pm: Sc asks 3 questions - Should a retired judge supervise the investigations? Whether CBI has the expertise to investigate? Whether the CBI is competent to conduct this investigation on its own?
4:13 pm: Now the CBI will have to seek permission from the Apex Court before interacting with anyone in the Government - SC
3:53 pm: Venkaiah Naidu- CBI acting for the corrupt and this can not go one.
3:41 pm: SC- CBI must know how to stand up against all pulls and pressures by Government and its officials.
3:39 pm: How can you give a justification instead of accepting your mistakes: Apex Court to CBI
3:39 pm: SC tells CBI- No substantial progress has been made in the coal scam probe after registration of the case.
3:38 pm: SC- Probe report is not a progress report to be shared with Government and its officials.
3:37 pm: SC- We want a thorough and qualitative investigation in the coal scam case.
3:34 pm: SC to CBI- We gave you the power to be like a rock 15 years back, now you are like sand.
3:33 pm: CBI's investigative ablilities questioned in the SC, seeks specific assurances from the counsel.
3:29 pm: BJP leader Sushma Swaraj on Twitter- ASG blamed Attorney General. Now Attorney General blames Law Minister. The fact is all three of them have misconducted themselves.
ASG has resigned. Attorney General and Law Minister should also resign forthwith.
3:17 pm: CBI officials are not well versed on crimes of a technical nature and you could have asked us to provide more experts with you rather than going to the Ministry: SC
3:14 pm: Supreme Court- How can the officials under scanner interfere in probe?
3:14 pm: Supreme Court- It seems that the heart of the CBI report has been changed.
3:08 pm: AG Wahanwati tells SC- I have neither asked nor got CBI's probe report in Coalgate.
3:05 pm: AG tells SC- My meeting with CBI officials took place only on suggestions of the Law Minister.
3:05 pm: SC- Job of CBI is not to interact with Government officials but to interrogate to find the truth. What business did the two AG's had to visit CBI's office?
3:03 pm: AG to Supreme Court on Coalgate- I did not have a copy, didn't see the same and didn't ask for a copy.
2:59 pm: SC pulls up Joint Secretaries of PMO and Coal Ministry for meeting CBI officials and suggesting changes in the draft report.
2:56 pm: Supreme Court- Will intervene if no law is made to make CBI independent.
2:55 pm: It's a sordid saga that there are many masters and one parrot, SC says after going through CBI Director's affidavit on coal scam probe.
2:55 pm: CBI has become a caged parrot speaking in master's voice, says Supreme Court.
2:55 pm: SC expresses concern over Centre's interference in CBI probe in coal scam and other cases.
Hearing the CBI’s second affidavit on its probe into Coalgate scam, the Supreme Court on Wednesday observed that the investigative agency has reduced to a ‘caged parrot’.
The Apex Court in its hearing expressed serious concerns over Centre’s blatant interference in CBI probe into Coalgate scam. “It’s a sordid saga that there are many masters and one parrot,” the Apex Court said in a stinging observation after examining the agency’s affidavit on Coalgate. The verdict has questioned CBI’s investigative ability and posed many tough questions for the Government.
The CBI told the Supreme Court that on March 6 two joint secretaries of PMO and Coal Ministry visited its CBI office. On March 07 changes were made in the draft report on Coalgate probe, it said.
The Supreme Court pulled up the two Joint Secretaries of PMO and Coal Ministry for meeting CBI officials and suggesting changes in the draft report. “What business do the two Joint Secretaries have to visit the CBI office,” the Supreme Court said.
“How can you give a justification instead of accepting your mistakes?” the Supreme Court asked the premier investigative agency of the country.
The Supreme Court asked three questions to the CBI.
1. Should a retired judge supervise the investigations?
2. Whether CBI has the expertise to investigate?
3. Whether the CBI is competent to conduct this investigation on its own?
Law Minister Ashwani Kumar, who is under attack from the Opposition which is demanding his resignation over the issue, now finds himself on a more sticky wicket after adverse remarks made against him by the Apex Court.
Attorney General GE Vahanvati may find it difficult to justify his earlier claim made in the Apex Court that he was not aware about the contents of the status report, a statement belied by the CBI Director Ranjit Sinha’s affidavit saying that AG had glanced through the report and changes were made in it on his suggestion.
A day ahead of the crucial hearing in the Supreme Court, the Government roped in senior constitutional lawyer TR Andhyarujina to assist the team of lawyers in the Supreme Court.
The CBI in its nine-page affidavit had admitted before the Supreme Court that substantial changes were made in the draft report of its probe into Coalgate as suggested by Law Minister Ashwani Kumar, Attorney General GE Vanahvati and the officials of PMO and Coal Ministry.
The three judge bench headed by Justice RM Lodha in its earlier hearing had pulled up the CBI for keeping it in the dark about the sharing of status report with Government, will go through the second affidavit filed by the CBI giving details of the changes made in the CBI’s status report on its probe into Coalgate and at whose instance these were done.
http://www.niticentral.com/2013/05/08/cbi-is-a-caged-parrot-supreme-court-75238.html
Published: May 6, 2013 12:41 IST | Updated: May 7, 2013 03:57 IST
Ashwani Kumar changed scope of coal enquiry: CBI
J. Venkatesan
Affidavit details meetings among CBI officials and officials in PMO and law ministry, which discussed changes in status report
CBI Director Ranjit Sinha on Monday told Supreme Court that Law Minister Ashwani Kumar made changes in the agency’s draft status report (DSR) on the coal scam case. Mr. Kumar, he said, deleted a sentence that included the legality of coal allocations in the scope of the CBI’s enquiry.
The case comes up for further hearing on Wednesday before a three-judge Bench headed by Justice R. M. Lodha.
In a fresh affidavit, Mr. Sinha claimed that the Minister only saw the DSR on the preliminary enquiry (PE2 that dealt with allocations between 2006 and 2OO9). Mr. Kumar deleted from the draft report a finding about the screening committee not preparing any chart about the coal block applicants and a sentence about the “scope of enquiry with respect to legality of allocations while amendments in law were in process.”
The nine-page affidavit gave details of the meetings which took place among the CBI officials, the Law Minister, the Attorney-General, the then Additional Solicitor General, Harin Raval, and officials of PMO and the Coal Ministry. Mr. Sinha’s submission contradicts the stand taken by the Minister and the AG, who had refuted the allegation that they had suggested changes in the draft report.
It also said “the tentative finding about the non-existence of a system regarding allocation of specific weightage/points was deleted at the instance of the officials of the Prime Minister’s Office (PMO) and the Ministry of Coal.” Also, at the instance of the officials of the PMO and Ministry of coal, a sentence describing the non-availability of approved guidelines for coal block allocation was included in the final status report pertaining to PE4.
Attorney General G. E. Vahanvati too asked for changes.
The CBI Director submitted in a sealed cover the changes made in the DSRs but said “it is difficult at this stage to attribute each change to a particular person with certainty.” It said that most of the changes were done to refine the reports in consultation with Mr. Harin Raval, the then Additional Solicitor General who resigned recently. On Mr. Raval’s submission in the court on March 12 that “the status report dated March 8 has not been shared with anyone and it is meant only for the court,” the affidavit said the submission was not made as per CBI instructions and the ASG had made the statement on his own.
http://www.thehindu.com/news/national/ashwani-kumar-changed-scope-of-coal-enquiry-cbi/article4688639.ece
Job of CBI not to interact with Govt, but find truth: SC
The Hindu The job of the CBI is not to interact with government officials but to interrogate to find the truth, the Supreme Court said on Wednesday.
Reacting to the court observation, Leader of the Opposition in the Lok Sabha Sushma Swaraj said the Law Minister and the Attorney General should resign immediately
Expressing concern over Centre’s interference in CBI probe in coal scam and other cases, the Supreme Court on Wednesday pulled up the Joint Secretaries of PMO and Coal Ministry for meeting CBI officials and suggesting changes in the draft report.
"It’s a sordid saga that there are many masters and one parrot," the apex court said after going through CBI Director’s affidavit on coal scam probe.
The court also criticised the CBI for becoming "a caged parrot speaking in master’s voice" and said the job of the CBI is not to interact with government officials but to interrogate to find the truth. It said the CBI must know how to stand up against all pulls and pressures by government and its officials.
On his part the Attorney General said he neither asked nor got CBI’s probe report in coal scam.
He said his meeting with CBI officials took place only on suggestions of the Law Minister.
http://www.thehindu.com/news/national/job-of-cbi-not-to-interact-with-govt-but-find-truth-sc/article4695390.ece?homepage=true
Published: April 23, 2013 12:35 IST | Updated: April 23, 2013 15:32 IST
Coalgate issue rocks Parliament
PTI
BJP demand for the Prime Minister's resignation over coal block allocations and a host of other issues on Tuesday stalled Parliament proceedings, leading to the abrupt adjournment of the Lok Sabha without transacting any business.
Proceedings were also disrupted with Samajwadi Party slamming the government over Chinese incursions in Ladakh and Trinamool Congress accusing the Centre of treating West Bengal in a step-motherly manner.
Rajya Sabha witnessed two adjournments till 2 PM, while the Lok Sabha was adjourned for the day due to unabated slogan-shouting by protesting members in the Well.
While BJP also sought sacking of Law Minister Ashwani Kumar alleging his interference in preparation of CBI report to the Supreme Court on the coal scam, DMK sought resignation of P C Chacko as the Chairman of Joint Parliamentary Committee looking into the 2G scam.
At one point, Yashwant Sinha of the BJP walked up to DMK leader T R Baalu and had some discussion.
As Lok Sabha reassembled at noon after the first adjournment, members of BJP, Trinamool Congress, SP and Left parties trooped into the Well raising slogans on their respective demands.
A group of Congress members raised vociferous slogans and waved placards demanding a separate Telangana state. A TDP member was also in the Well with a similar placard.
Left members raised slogans against "state-sponsored violence" in Mamata Banerjee-ruled West Bengal.
Slogan-shouting DMK members were also in the Well as former Telecom Minister A Raja was seen standing in the aisle and Baalu seeking to raise the Telecom issue in the din.
As the din continued, AIADMK leader M Thambidurai who was in the Chair, adjourned the House for the day.
Similar scenes were witnessed in the Rajya Sabha with slogan shouting BJP members trooping into the Well demanding Prime Minister's resignation, forcing its adjournment first till noon and later till 2 PM.
http://www.thehindu.com/news/national/coalgate-issue-rocks-parliament/article4646657.ece?css=print