In a damning indictment, the Supreme Court on Tuesday said the CBI’s act of sharing the status report on Coalgate with the Government has “shaken” the entire investigation process and vowed to “liberate” the agency from political influence and interference.
Notwithstanding some strong words, the Supreme Court’s observations and directions in the coal blocks allocation scam came as a breather for the beleaguered Government as the CBI Director has been given time till May 6 to file a fresh affidavit in the case; the matter will come up for hearing on May 8.
At the end of a two-hour hearing, the court sought a series of clarifications from CBI Director Ranjit Sinha “as to why in the status report dated March 8, 2013, no disclosure was made to the court that the draft report has been shared with the political executive.” It also wanted to know how Additional Solicitor-General Haren Raval had made an assertive statement on March 12 that the status report was not shared with anyone.
The Bench headed by Justice R. M. Lodha also asked why in the April 26 affidavit the CBI did not give details about the changes made in the draft report and at whose instance, besides Law Minister Ashwini Kumar and two senior officials of PMO, and the Coal Ministry. At the outset, the Bench, comprising also Justices Madan B. Lokur and Kurien Joseph, said the CBI Director’s affidavit has brought out a “very disturbing feature” and the “very foundation of the investigation process has been shaken“.
“The first thing we have to do is to liberate CBI from extraneous considerations, political influence, intrusions and other interference,” the Bench said.
The court said that even after 15 years of Vineet Narain judgment to make the CBI independent, political clout still “frustrates” its impartiality. The Bench, which questioned the CBI for sharing its probe report with the Government in a serious allegation of corruption, said it showed “total erosion of trust” the court has reposed in the agency.
“Are you not guided by the Criminal Procedure Code? The very foundation of this investigation process has been shaken. This is a premier investigating agency and it has to do something which enhances its credibility, reliability, impartiality and independence.
“You don’t have to move with the crutches of political executive,” it said, adding, “What we have to do in the situation as it has shaken the entire conscience.”
Assistant Solicitor-General Harin Raval was replaced by senior advocate U. U. Lalit to represent the CBI in the case which has been described as “very serious matter” by the Bench.
It also asked the CBI Director to disclose the names of two officials one each of the PMO and the Coal Ministry with whom the draft report was shared as desired by them.