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The CBI today undertook before the Supreme Court that it would not file any closure report in the coalgate scam until it files its status report, along with CVC, on June 30.
The case will be heard after that in the court of Chief Justice R M Lodha on July 8.
The CBI response came in the face of allegation by Common Cause counsel Prashant Bhushan that cases are being closed indiscriminately, though investigating officers have found good reasons for filing charge sheets.
Even first information reports are not being filed and the superior officers in CBI are overruling the junior officers.
The court passed the order after accepting four status reports on the coal allocation scam, received by it in sealed covers from CBI and Enforcement Directorate on the continuing investigation.
Though the details were not examined in the court, it is learnt that 25 cases have been referred to the CVC for review and five more files would be sent in the following weeks. All investigations at the preliminary enquiry stage also will be referred to the CVC.
Joint Director in the CBI, O P Girhotra, got relief from the court when it stated in its order that since he had recused himself from enquiring into the Jindal companies, nothing more needs to be said over the allegations about conflict of interest.
Bhushan had alleged at Wednesday’s hearing that this officer was the person who was overruling several findings of the investigating officers and he had conflict of interest in the investigation.
The court said that since Girhotra’s recusal has been accepted by the CBI director nothing adverse shall be considered against him.
CBI counsel assailed the allegations of Bhushan that the CBI has done nothing in the past two years except filing a few FIRs.
The agency's special counsel Amarendra Saran said that the investigation has been done by professionals and the exercise is going on.
He reiterated his argument that allowing the CVC to review the investigation will amount to transfer of the powers of magistrates to the CVC. It was the court which has to decide whether there was a case to prosecute, not CVC.
“If we don’t file charge sheet, we are suspect,” CBI counsel lamented, “if we file a closure report, again we are suspect. Only if we file chargesheet we will be above suspicion.”
