“Beware ; Reconstructed Scam Files may not have Evidentiary Value?” The re-constructed coal gate scam files may not stand scrutiny in the court of law. The ruse seems to have been floated by the political class to hoodwink the public. Vested interests are active. The Media failed to see through the game. This is a wake-up call in a super sensitive case like the Coalgate Scam. There is a reference to GOI Compendium on re-construction of missing files. Fair enough. But, the suggestion may not work in court matters. Complete reconstruction of missing files is impossible. Worse, the re-constructed files will always be scanty or incomplete with little or no evidentiary value. While the “Correspondence” portion of files could be recreated to some extent with photocopies collected from different sources. It is common practice in the PMO not to retain photocopies of communications received. These are merely forwarded to ministries concerned for action. The PMO, more often than not,works by receiving and giving oral directions .The position tu rns bizarre when the PM doubles as Coal minister. Another point. The most important part of a file is the “Notes” portion carrying signed directions of competent authorities and observations of lower bureaucracy. Once lost, how these could be retrieved. One wonders whether the office of C&AG (as suggested in these columns)would be able to supply authenticated copies of “Notings” from all Coalgate scam related missing files. In the absence of “unethical orders” in file notings, how could chargesheets be framed against the offenders by CBI for court’s approval ?Even if filed,it will be weak, liable to be rejected due to legal infirmity. Consider the legal aspects. Jurisprudentially, an accused is presumed to be innocent till found guilty by a competent court. In giving its verdict the court will give “benefit of doubt” to the coalgate scamsters due to absence of material evidence. Will India’s tax payers allow the coalgate scam suspects to get acquitted and go scot free? This will be a travesty of Justice. Let us not get trapped.
Posted on: Mon, 23 Sep 2013 05:44:02 +0000
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