New Delhi: A special court on November 20 ordered further investigation in a coal scam case involving a private firm and three persons in which the CBI had filed a closure report while the special public prosecutor (SPP) had differed with the agency and favoured their prosecution. Special CBI judge Bharat Parashar directed the investigating officer to further probe the matter and file a progress report in the court on December 19.
"Vide separate detailed order matter has been sent for further investigation. Put up for filing of progress report regarding further probe on December 19," the court said. It added that after filing of the progress report, it would consider on the point of taking cognisance of the alleged offences against the accused.
CBI has filed a closure report in the matter in which it had lodged an FIR against Nagpur-based businessman Manoj Jayaswal, JAS Infrastructure and Power Ltd, Abhishek Jayaswal and Anand Jayaswal for alleged irregularities by the firm in acquiring coal blocks. On October 27, SPP R S Cheema had differed with CBI's conclusion seeking closure of the case saying the court should proceed against the accused.
He had said there was evidence against the accused and if the court feels, it can take cognisance on CBI's closure report in which the agency has said that "no prosecutable evidence" was found against the company and others, arrayed as accused in its FIR. The SPP, however, had clarified that no tangible evidence could be found against officials of the Coal Ministry.
On October 14, CBI had filed a revised closure report in the court. This had come after the court had earlier observed that the probe was "incomplete" and nothing was clear in CBI's closure report and it was irked over the agency adopting different yardsticks in different cases and not following a uniform policy in its investigation.
CBI had earlier told the court that during its probe, it had not found misrepresentation of facts by JAS Infrastructure and Power Limited. It had lodged an FIR in the case on the allegation that the company had not disclosed to the Coal Ministry that it was already in possession of coal blocks.
The company allegedly signed memorandum of understanding for small periods with a number of companies and added their equity to project their sound financial status at the time of application for coal blocks, CBI had said in its FIR.
However, during the investigation, CBI could not find any "prosecutable evidence" against the firm and others and filed a closure report in the case. The court had earlier sought to know from CBI whether there was "transparency" in the screening committee's decision recommending allocation of coal blocks to JAS Infrastructure and Power Ltd.
