Sending the matter back to CBI for further investigation after it had filed a closure report in the case, Special Judge Bharat Parashar said it would be "appropriate" that the then Coal Minister be "first examined" regarding various aspects of the matter.
"....I am of the considered opinion that before the matter is examined further as to what offence, if any, stands committed or by whom the same has been committed, it will be appropriate that the then Minister of Coal (Manmohan Singh) be first examined qua various aspects of the matter and also in light of the observations made by this court in the present order," the judge said.
"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," it said.
The case pertains 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 and officials for the offence under section 120-B (criminal conspiracy) of the IPC and under provisions of the Prevention of Corruption Act.
