He moved an application seeking to summon Singh as an accused along with Anand Swaroop, the then Secretary (Energy), and Jai Shankar Tiwari, the then Secretary(Mines and Geology), contending that CBI's theory of conspiracy remains incomplete without the involvement of the then Prime Minister who was also holding the portfolio of Coal Minister.
Koda said Singh being the final authority to allocate coal blocks, cannot escape from the consequences of his decision.
In his plea, Koda said, "the materials placed by CBI shows that the said conspiracy, if any, cannot be complete without the involvement of the Coal Minister (Singh) who had the final say in the entire allotment."
"The materials on record show that the Coal Minister was aware of the facts of the case and had taken the decision consciously with full application of mind to allot coal block to JSPL and GSIPL...Which according to the CBI is the result of conspiracy and is illegal. Hence, he (Singh) is also required to be summoned," the plea filed before Special CBI Judge Bharat Parashar said.
The application said that during investigation, the chargesheet says that the allocation has been "made wrongly and not in public interest, (so) the ultimate final authority who made the allotment cannot be allowed to go scot-free without even facing the trial.