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The Supreme Court-appointed Special Public Prosecutor (SPP) today differed with the conclusion of the CBI seeking closure of a case involving JAS Infrastructure and Power Ltd and others in a Coalscam case, saying that the special court should proceed against the accused.
SPP R S Cheema told the court that there was evidence against the accused and if the court feels, it can take cognizance on CBI's closure report in which the agency has said "no prosecutable evidence" was found against the company and others, arrayed as accused in its FIR.
"It is basically a case of cognizance...The person who should be liable for this (misrepresentation of facts to get coal blocks) is Manoj Jayaswal (businessman)," Cheema told Special CBI Judge Bharat Parashar.
If the court takes cognizance on the closure report, it implies that there is sufficient evidence to proceed against the accused.
Cheema, however, clarified that no tangible evidence could be found against officials of the Coal Ministry.
The court, after hearing Cheema's submissions, fixed the case for further proceedings on November 12.
"Arguments on the closure report have been heard... Put up for consideration on November 12, 2014," the court said.
CBI filed a closure report in the matter in which it had lodged an FIR against Nagpur-based businessman Manoj Jayaswal and others for alleged irregularities by JAS Infrastructure and Power Limited in acquiring coal blocks.
On October 14, CBI had filed a revised closure report in the court.
This had come after the court had earlier observed that the probe was "incomplete" and nothing was clear in CBI's closure report and it was irked over the agency adopting different yardsticks in different cases and not following a uniform policy in its investigation.
