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Law Minister Ashwani Kumar, a joint secretary in the Prime Minister's Office and a joint secretary in the coal ministry had not only seen the draft status report on investigations into the coal block allocation scam but also suggested several changes, the Central Bureau of Investigation (CBI) today told the Supreme Court.
CBI Director Ranjit Sinha said in his affidavit that "majority of these changes were done by my officers to refine the reports, either on their own or in consultation with the additional solicitor general and his assisting advocate, or the law minister. Besides, a few changes were also done on the suggestion of the attorney-general (A-G) and officials of PMO and the coal ministry." He named Shatrughna Singh of the PMO and A K Bhalla of the coal ministry as those who had contributed to the changes.
CBI said it was difficult now to attribute each change to a particular person with certainty. However, it admitted "significant changes" were made in the final status report pertaining to preliminary enquiries (PEs) with regard to allocation of coal blocks in the periods from 1993 to 2005, and 2006 to 2009.
"The tentative finding about non-existence of a system regarding allocation of specific points was deleted at the instance of the officials of PMO and the coal ministry," the affidavit said.
One of the changes made by the law minister was with regard to the scope of the enquiry. CBI said "deletion of a sentence about the scope of the enquiry with respect to legality of allocation while the amendments in the law were in progress was done by the law minister." Another change in the final status report was made by the PMO and coal ministry officials, referring to the non-existence of approved guidelines for allocation of coal blocks.
The affidavit will be examined in open court on Wednesday, when the Bench presided over by R M Lodha resumes hearing in a public interest petition seeking the cancellation of the illegally-allocated coal blocks during the National Democratic Alliance and United Progressive Alliance regimes. The court, accepting the petition moved by Common Cause, has been grilling the government over the allocation of coal blocks and vetting by "political masters". At the previous hearing, the court had asked CBI to reply to its six questions.
The affidavit chronologically narrates the several meetings between CBI officials, government functionaries and law officers. The proceedings have resulted in a spat between former additional solicitor general, Harin Raval, and A-G G E Vahanvati, after which Raval resigned from his post. He blamed Vahanvati for making him a "scapegoat".
In the CBI version, Raval told the court "without instructions" that the status report had not been shared with anyone and it was meant only for the court. That statement was made before the court on March 12 "on his own". Since the query posed by the court was "spontaneous," the question of CBI instructing Raval did not arise, says CBI.
In response to the court's demand, the resumes of supervisory officers in the case have been submitted to the court in a sealed cover, along with other relevant documents. Sinha tendered an "unconditional apology" to the court for "any inadvertent omission or commission" on his part and assured the investigations were being conducted "independently by a team of officers with utmost sincerity and professionalism and would continue with the same zeal and purpose".
CBI TELLS IT ALL
- Tentative finding on non-existence of a system for allocation of a specific weight deleted at the instance of PMO and coal ministry in PE2
- Non-preparation of charts/ broad sheets by screening panel deleted by law minister in PE2
- Non-existence of approved norms for allocation of coal blocks incorporated in PE4.
- CBI director's unconditional apology to SC, assuring investigations being done 'independently'
- CBI says status report on govt-dispensation category not shared with anyone
Response to SC questions
On no disclosure of sharing status report with political executives, officials
No specific SC direction on issue; so the matter not brought to its notice. No deletion of evidence against any accused
On CBI's basis for saying March 8 report not shared with anyone
Statement not made on CBI's instruction. ASG said it on his own
On extent of changes in draft report
Changes made in PE2 and PE4 and details submitted in sealed cover on April 30
On names of PMO and coal ministry officials mentioned by CBI
Shatrughna Singh, joint secretary, PMO; A K Bhalla, joint secretary, coal ministry
On the procedure followed by CBI in sharing status reports of a probe in a sub judice matter
Nothing in CBI's crime manual to guide in this matter. No departmental circulars or government instructions, either
On names of investigating officers in the matter
Submitted to SC in sealed cover
PE2: Allocations from 2006 to 2009; PE4: From 1993 to 2005
