The CBI today told a special court that graft charges should be maintained against two government officials, facing prosecution in a coal scam case in which the Delhi High Court had quashed charges against Chhattisgarh- based Prakash Industries Ltd (PIL) and its director.
Special Public Prosecutor R S Cheema and CBI prosecutor V K Sharma filed the agency's reply to the plea of accused Goutam Kumar Basak and Soumen Chatterjee seeking alteration of charges framed against them.
CBI, in its reply filed before special CBI judge Bharat Parashar, said the charge of public servants abusing official position under the Prevention of Corruption Act should be maintained against the two accused persons.
The prosecutor, however, said the charge of criminal conspiracy under the IPC should be recast.
The counsel for Basak and Chatterjee sought time to go through the agency's reply and to argue in the matter.
The court granted time to the defence counsel and fixed the case for arguments on the application on December 8.
Earlier, counsel for Executive Secretary Basak and Manager (F&A) Chatterjee of the Ministry of Steel's Joint Plant Committee had told the court that it should alter the charges framed against them as the high court has already quashed charges against PIL and its director (Corporate Affairs) A K Chaturvedi.
He had argued that according to the high court's order, charge of criminal conspiracy was not made out and the CBI should now explain as to how it would proceed with the trial.
"Under the new facts and circumstances after the Delhi High Court's order, it would not be possible for this court to conduct trial against these two accused," the application, seeking alteration of charges framed against them, said.
The court was hearing a case in which the high court on September 5 had quashed the charges of cheating, forgery and criminal conspiracy framed against PIL and Chaturvedi.
The trial court had earlier framed charges of cheating, forgery and corruption against Basak and Chatterjee for allegedly giving a misleading report on the production capacity of PIL.
