SO ORDERS FORMING
SPECIAL COURT TO HOLD
COAL SCAM TRIAL
ItT Correspondent
NEW DELHI: The Supreme Court on Friday
dfrected the Delhi fligh Court Chef Justice
tonominate adistrictleveljudsctalotllcerto
hold trial of the tonl block allocation scam
cases. This special court will exclusively
hear cases ans Ing out of the investigation
conducted by the CRI aM Enforcement
Directorate (ED) Into the scan
A bench headed by Chief Justice RM
Lodha asked the HC chief justice to nomi"
nate the judge by July 25. The court also
decided to appoint an emlnent lawyer as
Special Public Prosecutor (SPP) to repre-
sent the Investigating ageneies before the
special ceurt.
The CJI's first choice was senior advocate
Gopal Subramanium after NGO petitioner
CPILs counsel, Prashant Bhushan, suggest-
ed some names. The CJI said the court was
keen to have a person of impeecable integrity and flne legal mmd. Centre's advocate
solleitor general Ranjit Kumar agreed with
the courts opinion. Since Subramaniunfs
consent would be needed beforehis appolnt"
ment is ordered, the CII asked the counsel
für all parties to persuade hin to take the
assignment.'lf 1 falled in something you
er) should permat
(lawyers appearing In the
suadehim," he said, in an apparent reference
to the controversy that led Subramanium
withdraw his consent for his appointment
asajudgetotheSC.
SC asks Delhi
HCto set up
special court
for coal scam
BS REPORTER
New Delhi,
1BJUIY
The Supreme Court on Fliday
asked the chief justice of the
Delhi High Court to select a
judge from the higher judicial
service toact as a special court
In the coal allocation scam and
related cases.
The cases will involve the
Prevention of Corniption Act,
the Money Laundering Act,
economic and other oftences.
The high court will communicate
the
name
to
the
Supreme Court nextFriday. It
Is the high court which has the
power to select a special judge.
The
Bench
headed
by
Chief Justice kM Lodha also
asked Common Cause, the
Central
of
Bureau
Investigation (CBI) and other
parties in the case to name a
special publlc prosecutor, slim
ilar to the arrangement made
in the 2(3 spectrum scamafew
years ago. One of the names
proposed by the judges was
former solicitor-general Gopal
Subramanlum, who almost
made itto the Supreme Court
bench recently.
SC Orders SettirigUp of Special
Court for Coal Block Cases
Apex court wants Gopal Subramanium as special public prosecutor
OUR
NEW
entjties from 1993 to 2005.
The CBI probe into the alloca-
BUREAU
DELHI
tions spans the coal ministry tentires of Desari Narayan Rao and
The Supreme Court on Friday directed the setting up of a special
court to try all the coal block allo-
former prime minister Manmohan Singh. CBI is probing alloca-
cation cases. It also suggested senior advocate Gopal Subramaniurn be named special public
tions under court orders on two
PILs challenging the allotments.
One was filed by advocate Manohar Lal Sharma and the other by
prosecutorforthese cases, a move
that may cause some discomfort
NGO Common Cause, represent-
for the Narendra Modi government, which hadn't been too keen
ed by AAP
to endorse his candidacy as Su-
At the last hearing of the case,
the court had asked Bhushan to
preme Court judge. Subramani-
urn
had subsequet1y withdrawn
his candidacy
Solicitor general Ranjit 1-Cumar,
appearing for the government, insisted that any such appointment
had to be made with attorney general MUkU1 Rohatgi's consent to
avoid embarrassment to anyone.
This will, of course, depend on
whether Subramanium consents
to undertake the task, which may
drag on for years.
Subramanium's name was recently
shot down for elevation as a
top court judge by the government amidst adverse leaks in the
media, prompting him to withdraw his consent to be ajudge and
accuse the Modi administration
of targeting him for his role as
amicus curiae in the Sohrabud-
leader and activist law-
yerPrashant Bhushan.
suggest the names of independent
public prosecutors to try the case.
Gopal Subramanlum
counsel
Amarendra
Sharan,
much to the amusement of a
crowded court.
Justice Lodha, who was abroad
when the Subramanium controerupted, had after his return tried to prevail upon Subramaniuln to take back his decision
versy
to withdraw his candidacy
Subramanium is one of the leading
try
criminal lawyers
in the counand bandied the Parliament
attack case for Cifi and the Ajmal
Kasab case for Maharashtra. He
has been the CBI's lawyer
choice to prosecute almost
complicated criminal cases.
When the hearing resumed on Friday, Bhushan handed over four
names, including
must come from the CHI's panel.
The two sides, howevec agreed to
Subramanium's name,
breaking
the deadlock and prompting the
court to tell the CBI to find out
whether he would accept the task.
He wouldinthat case be assisted by
a team of CBI public prosecutors.
Bhushan also sought court intervention to allow the prosecu-
of
tom to scrutinise
all
eets and
Should Subramanium agree to
that of Dayan
Krishnan. But Sharma objected to
this, insisting that the names
the chargesh-
final reports before they
were placed before the trial court
and suggest ways to plug any lacunae in investigations, but the
din Sheikh fake encounter case.
"I could not persuade him to do
something. Maybe you can per-
be special prosecutor, he will be
pursuing several cases regarding
alleged allocations to ineligible
suade him to do something else,"
chief justice RM Lodha told CBI
court did not accept his suggestion in the face of stiff opposition
companies or collusion between
government officials and private
andtheCBlinthecase.
from both
the solicitor
general
for expeditious
disposal.
Coat scam...
Set up spl
JharkhandState
court to try
The bench, comprising Justices MB Lokur and Kurian
Joseph,asoaskedthednland
coal scam
other parties to persuade former solicitor general Gopal
cases: SC
Subramanjuin to
febureau
take up
the
Court to set up a special
court exclusively
to try
cases related to the coal
blocks
allocation
scam
and also asked the courts
ailocatees before
differ-
questions of general impor-
of Impeccable integrity and
withireelegalmind" itsaid.
High
these
ent HCs involve substantial
tance like thejurisdiction
Supreme Court on Friday
Delhi
ci's. According to the government, the petitions filed by
SPecialpUblicprosecutor'sjob
ceedings. "We
the
Jayaswal Neco Industries and
Bihar Sponge hon among oth-
for conducting the trial
proNew Delhi, July 18: The
asked
Mineral De-
Corporation,
velopment
want a person
Meanwhile, the Centre in
another
batch
matters
of
sought transfer of all cases
itlatedtocanceflatjonof
mining
power of
and
the inter-ministerial
group (1MG) to review
the
progress of development of
coal blocks allotted, to recommend for
de-allocation where
substantial progress has notbe
made or to direct providing of
licences pending before differ-
bank guarantee, to invoke ba-
chief justicetonamewith-
ent high courts to the apex
nkguarantee
in a
week a special judge
court. The CJTs bench sought
cision to cancel licences based
whowifldealwiththecas-
a reply from mining companies that had challenged the
on IMGs recommendations.
es aris ing out
of the hives-
ligation conducted
by the
CBI and Enforcement Di-
rectorate.
cancellationof
Invarioushigheon
The
"As of now we direct
their licences
companies
JWS
the secretary general of
Energy (JiMa! Thermal Pow-
the
er), Bhushan
Supreme
Court
to
Power and. Steel,
write to the re gistrar gen-
Salnik Mining and
eral of the Delhi High
vice,
UltraThch
Itftirther said 1MG took up
58
cases
for review
show-cause
include
Corporate Ispat Alloys,
as wellas the der
Allied Ser-
where
notices were is-
sued consequent to the recommendationsby
the review panel in January 2012. The firms
hadal1egedviolafionc1p±idplesofnaturaljusticeandpow
Cement,
Court to take orders from
the chief justicelo nomi-
to be followed and power and
nate an officer from the
jurisdiction to make such rec-
Delhi
Higher
Judicial
Service as specialjudgeto
deal with coal block allocation matters registered
.
under the Indian Penal
Code, Prevention of Corruption
of
Act, Prevention
Money
Laundering
Act and other allied of-
fences," the bench said.
ommendations,
istry
stated.
the coal min-
CBI does a U-turn
on Subramanium
Agency wants him as Special Prosecutor in coal case
Krishnadas Rajagopal
hi i)
NEW DELHI: After apparently
giving a negative report on
Gopal Subramanium's eleva-
tion as a
Supreme
Court
judge just days ago, the Central Bureau of Investigation
on Friday did a U-turn to say
that it's now eager to have
him as its Special Prosecutor
in the coal blocks allocation
scam trial.
The agency's
turnaround
comes days after reports by it
and the Intelligence Bureau
II CJISEEKS GOPALSIWJAANIUM FORKEY posmoN
>Postneedsman
with 'impeccable
dlcinity, integrity and
a Ine legal mm&
I
Mr. Subma
name comes up
during a coal scam
case hearing by a
Special Bench
j
I
.
(opal Subramaniwn is agreeable, nothinglike
that.. So persuade him.! have failed
him i sontething not long back...
(6
-
toPersuadc_:
R.M. LODHA. C
nium's name came up during
a hearing of a Special Bench
led by Chief Justice of India
Supreme
withdrawn his
name from list of
SC judge nominees
after NDA govt.
dropped his
candidature based
CDL lB
rports
> CBI counsel declares
It has no objection
Mr. Subramanium's
name for the post
Mr.
ap-
Subramanium had
Ito
led the government to reject
Subramanium's
>InJuneMr.
-.
trial in the coal scam cases.
Prashant Ehushan, counsel
R.M. Lodhaon the coal scam.
for NGO Common Cause,
handed over a list of four se-
The rejection had led to
The hearing revolved around
nior
opting
the importance of appoint-
name also
featured. "If he (Subramani-
pointment
Coitrt
Mr.
as
a
judge.
Subramanium
out of the race, saying it is the
best thing to do to "uphold
my self-respect and dignity".
On Friday, Mr. Subrama
ing a person with "impeccadignity, integrity and a
ble
fine legal
Prosecutor
mind" as Special
to conduct
the
lawyers
in which
Mr.
Subrarnanium's
urn)
like
is
agreeable,
that,"
remarked.
CJI
nothing
Lodha
CBI court convicts public
prosecutor in graft case
ANEESHA MATRUR
criminal misconduct
and talc-
ingillegalgratificatiorj.
According to the CIII,
A
PROSECUTOR
Delhi police
has
for the
been con-
Barua had
from
demandedmoney
threatened advocate
mita Bhuyan, who
Suchis-
had been
named as an accused in a
napping case; that
he
kid-
would
"extend
not only recommend that he
by a CE! court for tak-
favour" in the legal scrutiny ofa
ingabribefromalayertogive
policecasethathehadbeenas
should face trial but would
also recommend increasing
a "favorable" opinion in a cthn-
signed.
the severity of the Offence in
victed
inal case.
a lawyer
to
Achargesheetbyaninves-
The court
his report
if he
was not paid
of Special CDI
tigative agency is first scruti-
Ps
judge Poonam Bhamba on
Thursday convicted Deepak
nised and cleared by a prosecutor before it is filed before
proached
a trap and caught Barua red-
Kumar Bania,
who was posted
the court. The prosecutor can
handed accepting the bribe in
as an AdditionalPublic Prose-
recommend changes in the
March 2007.
PatiaJa house
chargesheet depending on the
courts in 2007, under the Pre-
severity of the offence and can
tor faces a maximum punish-
vention ofCorruptionAct.
also recommend
that a higher
or lower offence be made out
ment of seven years imprison-
cutor in
the
Baruahasbeenheldgiiilty
under Section 7 and section
13(1)(d) of the PC Act, for
against the accused.
Barua
had
10,000.
Bhuyan
the CIII,
The 50-year-old
ap-
which set
prosecu-
mentforthe offence. The court
will now hear arguments on his
allegedly
sentence on Monday.
SC wants special court for coal
cases Gopal as prosecutor
EXPRESS NEWS
SERVICE
no objection... You persuade him.
failed
If I
something, you
(lawyers) can try to succeed," the
THE
in
Court on
Friday directed that a special court on the lines of
ently referring to
the oneheaxingthe 2(3 scam cases
be set up in Delhi, to exclusively
disinclination to
reconsider his
the coal blocks allocation
decision to with-
hear
Supreme
cases.
Abench ledby Chief Justice R
M Lodha also
decided to appoint
an eminent lawyer as Special Pub-
Cii said, appar-
had
that
of
Subramanium's,
but had
had expressed disap-
also criticised Subrama-
nium for allowing the contents of
his letter to be published in the
media.
elevation as
On Friday, the bench, also
judges
tor General Ran-
HE CHOSE notto
the government
thq
cleared
Court to
seek Sc job after the
three: the Chief
with the coal
government raised
Justices of
cases, and communicate the de-
to use
to convince Subramanium
view
of
court's
concern
SC judge, but chose to
prcwal of the government's move,
for
the parties in the case, was
vation as an
by the 01
bench
also asked Solid-
was among the four suggested by
recentlybeing considered for ele-
Subsequently, at a function,
the CJI
recommended
four names, in-
The
tive".
The SC ccllegium headed
ship.
his good offices
until
ing likes and dislikes of the Execu-
cluding
maniumforthe job.
Subramanium, whose name
sert its independence by respect-
their best to persuade Subramanium.
draw his candidature forjudge-
jit Kumar
pressed
that the judichny had failed to "as-
would try
Subramanium's
Prosecutor (SPP), and exits preference for former
Solicitor General Gopal Subralic
cates, Frashant l3hushan and M
L Sharma, said they
the person
obledions
comprising Justices Madan B
court, but
Lokur and Kux-ian Joseph, asked
only
the
Chief Justice of Delhi High
nominate a judge to deal
blocks
allocation
Calcuttaand
cisionbyJuly2s.
Orissa
Courts,
court agreed to examine the Cen-
High
Arun
In a separate hearing,
the
chosen for the job
Mishra and Adarsh Kumar Goyal
tre's
opt out after the government
be "of impeccable integrity and
respectively, and senior lawyer
apex court all
raised objections.
fine legal
Rohinton Nariman.
On June 25, Subramanium
that relate to mining licences. The
èourt issued notices to all the
withdrew his consent, attacking
the government and complaining
companies that have filed peti-
"If you can convince
him
that
in
the
apex
the
of
The
mind".
CBI seemed
in
agree-
(Subramanium) to accept therole
ment with the court's choice. The
of special prosecutor, we will have
SG and the petitioners' advo
request to transfer to the
coal blocks cases
tions in the high courts.
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