Coalscam: CBI draws flak for taking 'U-turn' in final reports

The Special Court also directed the probe agency to provide some logical and legally admissible reasons in all final reports in future

CBI today drew flak from the Special Court for taking "U-turn" on investigation of various coal scam cases and filing final reports, without giving any plausible reasons for arriving at such conclusions.

It also directed the probe agency to provide "some logical and legally admissible reasons" in all final reports in future to buttress the conclusion arrived at.

"Repeatedly, in a number of cases it is being found that after mentioning all the incriminating evidence as is discovered during the course of investigation, the final report suddenly takes a u-turn and seeks closure of the case without mentioning any reason supporting the conclusion so drawn, much less any plausible reasons," Special CBI Judge Bharat Parashar said.

The court observed that in almost all final reports submitted by CBI, a standardised paragraph in almost identical words was mentioned towards the end while recommending closure of the case.

"The final reports are however always silent as to on what basis this final conclusion is drawn by the investigating officer. Moreover when enquiry is made in this regard from the IO, then the usual reply submitted is that opinion in the matter was given by the legal branch of the agency and the final decision is taken by the senior officers," it said.

The court further said if any such opinion is given by the legal branch of the agency or such a decision is taken by the senior officers, then at least that opinion or final decision should find a mention in the report supporting the conclusion seeking closure of a case.

"It is thus expected that in all final reports to be submitted in future the conclusion being arrived at should be supported by some logical and legally admissible reasons so that the Court may appreciate the final report in the light of the said reasons," it said.

The court's observation came while ordering further probe in a coalscam case in which CBI had filed a supplementary report stating that though some incriminating evidence has come up on record against some public servants, but these were found to be insufficient warranting their prosecution.

The report had further sought closure of the case saying no evidence with regard to any pecuniary advantage taken by the public servants has come on record and hence, dishonest intention or criminal intent could not be established.

The CBI had earlier chargesheeted Rajya Sabha MP Vijay Darda, his son Devendra Darda, Director of AMR Iron and Steel Pvt Ltd Manoj Jayaswal and the firm, as accused in the case pertaining to allocation of Bander coal block in Maharashtra to the accused firm.