In the backdrop of the latest direction of the Supreme Court, the CBI is preparing to initiate proceedings under the Destruction of Evidence Act once the coal ministry files a complaint pertaining to the “missing” files related to the Coalgate scam.
Holding that the missing documents are vital for the probe in the scam, the Supreme Court on Thursday directed the coal ministry to lodge complaint with the CBI if it fails to trace any documents sought by the agency. The apex court slammed the government for not lodging FIRs on missing files and raised a question as to whether “it is an attempt to destroy the records in the case”. The apex court asked the CBI to give a list of documents, files, information, sought by it, within five days to the coal ministry which, in turn, would furnish them within two weeks thereafter.
Sources in the CBI made it clear that the agency would not be registering any case with regard to the missing files suo moto and would wait a formal reply from the ministry. “After all, missing files are of the coal ministry. If they have gone missing, the ministry is supposed to file a criminal case. We can only proceed with the destruction of evidence case if we receive a formal response from the ministry,” sources said.
The agency suspects that around 157 private companies were allegedly eliminated irregularly to favour the ineligible beneficiary companies in the allocation of captive coal blocks. “Despite repeated reminders by the CBI, coal ministry has not provided copies of 157 private companies which had applied for 45 blocks between 1993 to 2005. This issue was discussed even in a high level meeting called to examine the non-availability of files or documents related to allocation of coal blocks, chaired by the additional secretary (coal) on July 16 at the ministry’s office in Shastri Bhavan,” sources said.
“The agency has also sought documents related to the recommendation made for allocation of Bander coal block in Maharashtra to a Nagpur-based private company from the coal ministry,” sources said.
Besides, the coal ministry has also not provided final minutes of the 26th Screening Committee meeting held on May 1, 2005, sources added.