The Central Bureau of Investigation Wednesday strongly resisted the Supreme Court's move that the CVC should scrutinize the closure reports of the investigating agency in any of the cases being investigated by it in the coal scam before they are filed.
"I will very seriously object to it," senior counsel A. Saran, appearing for CBI, told the bench of Chief Justice R.M.Lodha, Justice Madan B. Lokur and Justice Kurian Joseph as it said: "Since we are not weighing the material, no amicus curiae has been appointed, we are asking the CVC to examine the material on which closure report has been filed."
"How the provision of CVC Act are directly affected if CVC is asked to examine the material based on which you have come to conclusion to file a closure report before the magistrate," Chief Justice Lodha asked Saran as the latter said that the Central Vigilance Commission was not empowered to undertake such an exercise.
Telling the court that it would amount to outsourcing the judicial powers, Saran said that the superintendence of CVC over the CBI comes to an end after the registration of FIR.
The court said that "before the trial court is asked to apply its judicial mind, then why not at your level the same is examined by the CVC who has the power of superintendence over you".
"The CVC will not tell you to do this or that. They will report to us," the court said as Saran expressed the apprehension that if it goes to CVC, the CBI will be asked to file charge sheet.
Faced with an unrelenting CBI, the court asked Saran to point out under which provision of the Code of Criminal Procedure can courts monitor the investigation and the cases.
The court's poser to CBI came as counsel Prashant Bhushan told the court that investigating agency was filing closure reports in number of cases wherein companies sought to be let off were allocated coal blocks without meeting criteria and there was an open and shut case against them.
The court is holding a hearing on the legality of the allocation of coal blocks since 1999. The criminal dimension, if any, in the allocation is being probed by the CBI.
"We have to invoke the doctrine of necessity to ask the CVC to examine the material. We are monitoring (the investigation) to reinforce the public confidence. We should not do something that will shake the public confidence," Chief Justice Lodha said as Saran stood his ground resisting the move to ask CVC to examine the material based on which closure report was being filed.
Finding no meeting ground, the court adjourned hearing for Thursday afternoon.
