Law Minister made changes in coalgate probe report: CBI to SC

Mangaloretoday/DHNS

New Delhi, May 6, 2013: Spelling more trouble for Law Minister Ashwani Kumar before Wednesday’s crucial hearing in the Supreme Court, CBI Director Ranjit Sinha today said in an affidavit before it that the minister made "certain changes" in the agency’s draft probe report on Coalgate.

In his nine-page affidavit which will be taken up by the apex court at its hearing on Wednesday, the CBI chief gave details of series of meetings with Kumar, Attorney General G E Vahanvati, Additional Solicitor General Haren Raval and Shatrughna Singh and A K Bhalla, joint secretaries of the PMO and the Coal Ministry in which changes in the probe reports were suggested and made by them.

 

 

The CBI version contradicts reports of Kumar’s account that he was not involved in drafting the changes.

In an assertion that belies Vahanvati’ earlier statement in the court that he did not see the status report, the CBI Director said the top law officers not only glanced through the reports but also made certain observations about them besides suggesting some "minor" changes.

Giving details of two meetings with the Law Minister that was "not called at the request of CBI", the affidavit said that certain changes were made by him in draft status report on March 6 in his chamber two days before they were filed in a sealed envelope in the apex court.

"On March 6, we were informed by our counsel ASG (Raval) that Law Minister wished to peruse the draft status report at 12.30 PM. Accordingly the draft reports were taken to the office of the Law Minister.

"A copy of the draft report to PE 219 2012 E 002 (allocations made during 2006-09)... was perused by him and he also made certain changes in the same....," it said.

The Director, however, asserted that neither the central theme of status reports got changed after meetings nor any deletion of any evidence against any suspect or accused took place.

Sinha said there are no minutes of the meetings which took place with Law Minister and officials of PMO and coal ministry and details of his affidavit "are based on best recollection of my memory and of my officers".

Offering his unconditional apology for any inadvertent omission or commission, Sinha assured the apex court of independent and sincere probe in the case.

Responding to a query of the apex court as to under which rule the Minister and officials are entitled to peruse report, the Director said there is nothing in the CBI manual to guide whether status reports in an ongoing investigation in a sub-judice matter are to be shared with others.

The CBI Director, in the affidavit, said that changes were made in the draft reports at the instances of Law Minister, the AG and others, but it was difficult to attribute with certainty as to who suggested what change.

"Majority of these changes were done by my officers in order to refine the report either on their own or in consultation with the ASG (Raval) and his assisting advocate or by the Law Minister.

"Besides, a few changes were also done on the suggestion of the AG and officials of the PMO and the Coal Ministry. It is difficult at this stage to attribute each change to a particular person with certainty," the affidavit said.

He, however, made it clear that certain changes were made at the instances of the Law Minister, officials of the PMO and the Coal Ministry.

"Further, from paragraph 1.23 of the same report, deletion of a sentence about scope of enquiry with respect to legality of allocation while the amendments in law were in process, was done by the Union Minister for Law and Justice," the affidavit said.

"The other tentative findings about non-preparation of broadsheet or chart by the screening committee to the best of our recollection was deleted by the Law Minister," it said.

"The tentative finding about the non-existence of a system regarding allocation of specific weightage/points was deleted at the instance of the officials of the PMO and the Coal Ministry.

The affidavit also said, "These changes made by the Law Minister, PMO and Coal ministry officials were accepted by the CBI as they pertained to its tentative findings."

The change made in the final status report about non-existence of approved guidelines for allocation of coal blocks was incorporated at the instance of PMO and Coal Ministry officials as "it was factually correct", it said.

The affidavit, however, said the changes made in the draft reports have not altered their central theme.

"It is submitted that sharing of the status reports with the persons mentioned above and the consequent changes therein have neither altered the central theme of the report nor shifted the focus of enquiries or investigations in any manner.

It is also submitted that no names of suspect or accused were removed from the status reports and also that no suspect or accused were let off in the process," it said.