NEW DELHI: Decisions taken in 2005 came back to haunt former Prime Minister Manmohan Singh on Tuesday, when a Special CBI court in Delhi ordered the CBI to examine his role in allocation of Talabira II coal block allocation to Hindalco.
Singh at that time held the additional portfolio of coal ministry.
Special Judge Bharat Parashar rejected the closure report filed by CBI in the case and noted that documentary evidence coupled with the fact that Kumarmangalam Birla met Singh, then secretary P C Parakh and others and also wrote two letters to Singh showed that “concerted effort was being made to manipulate the entire Government machinery so as to protect the interest of M/s. HINDALCO.”
It said certain “loose ends” required to be tied up by CBI in its investigation so that a “clear and comprehensive picture” may come up on the record.
Judge Parashar added while there can’t be any objection to the meeting of head of a leading industrial house of the country with the PM or the Secretary of a Ministry or a Minister, “but when such meetings are seen in the over all facts and circumstances as mentioned above coupled with the follow up action which resulted at the administrative
level in the Government then it certainly raises eye brows.”
Apart from Singh, the court said some top officers, who were then working in Prime Minister’s Office (PMO) at that time and were concerned with the process of allocation of coal block to HINDALCO, should also be examined by the CBI.
“B V R Subramanyam, who was PS to the Prime Minister, has not been examined and T K A Nair, who was working as Principal Secretary in the PMO, though, has been examined by way of a questionnaire but towards the end he refused to answer some of the questions expressing his inability that he was not in a frame of mind of answering further questions…Thus, it will be appropriate if the IO (investigating officer) examines B V R Subramanyam and re-examines T K A Nair,” the judge said in his 50-page order and fixed the case for filing of progress report of further probe on January 27.
The case refers to allocation of Talabira II coal block in Orissa to M/s HINDALCO. The CBI had earlier lodged an FIR against Kumar Mangalam Birla, former Coal Secretary P C Parakh, M/s HINDALCO Industries Ltd and other unknown persons for offences under section 120-B (criminal conspiracy) of the IPC and provisions of the Prevention of Corruption Act.
After its probe the agency filed a closure report in the case on August 27 saying no criminal offence was committed by any of the persons involved in the entire process of allocation of Talabira-II coal block to HINDALCO.
While directing CBI to question Manmohan Singh and others, the court stressed that they were acting as trustees of important nationalized natural resources of the country and “in a democratic society, it is incumbent on such persons having dominion over the nationalized natural resources of the country to ensure that the said resources are handled and distributed in an objective and transparent manner with equal opportunities to one and all.”
“There are certain circumstances which need to be elaborated/explained especially as regard the manner and the circumstances under which the matter was taken up in PMO or under what circumstances recommendations of the 25th screening committee (in which HINDALCO was not considered favorable for allocation of Talabira-II block) were set aside even though it already stood approved,” it said.
The judge also said that it was needed to be clarified as to under what circumstances the settled procedure of making allocation of various coal blocks through screening committee route was “not adhered to” in this matter.
The court clarified it isn’t questioning the discretion vested either with the screening committee or the Prime Minister as Minister of Coal but wants to find out how “this discretion has been exercised which is subject to judicial review.”
TOI | Dec 17, 2014
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