CBI has asked the Attorney General to oppose any move in the Supreme Court tomorrow allowing a Special Public Prosecutor to vet its closure reports in coal blocks allocation scam before their being filed before a trial court.
CBI sources said the agency is not willing to accept any such move claiming it will not be in accordance with CrPC and working of CBI because final reports, which could be charge sheets or closure reports, can only be seen by the trial court.
The agency has briefed the Attorney General and the Solicitor General to oppose any such move in the Supreme Court, they said.
The sources said while preliminary enquiries can be closed internally in case of FIRs closure reports can be filed only before the trial court which may accept or reject.
"If the trial court does not like our closure report, it rejects it but how can Special Public Prosecutor see or vet the final reports before their being filed before the trial court", the source said.
During the last hearing on July 8, the Supreme Court has allowed the agency to file three more charge sheets but restrained it from filing further closure reports.
The agency once again sought that it should be allowed to go directly to the magistrate instead of taking the route of Central Vigilance Commission (CVC) for vetting.
CBI was accused by an NGO, Common Cause, which claimed the probe in the coal scam was not moving fairly and there were instances that without seeking the opinion of the CVC, the agency was filing closure reports in regular cases.
The bench had also taken note that there are cases in which senior officials of CBI have overruled the investigating officers after the preliminary enquiry on the issue of filing the regular cases and charge sheets.
