Fraud in Coal Scam Investigation Manohar Lal Sharma filed an additional petition in the ongoing Coal Scam case: According to him, the hearing in the case will come for tomorrow: IN THE SUPREME COURT OF INDIA ORIGINAL Criminal JURISDICTION CRL.M.P. no. of 2014 IN Writ Petition (Crl.) no. 120 of 2012 IN THE MATTER OF Manohar Lal Sharma Advocate Petitioner Versus The principle secretary & Others Respondent Application for Directions To, The Hon’ble Chief Justice of India And His Companion Judges of The Supreme Court of India. The Petitioner most respectfully Showeth: 1. That Petitioner, citizen of India & by profession an advocate practicing at above address , has filed above said writ petition (PIL) under Art.32 of the constitution of India read with s.406, 409 & 420 of IPC & Prevention of Corruption Act-92 for the protection of the public properties and in the interest of the general public seeking quashing of respondent’s action, allotment of coal block to private parties as free of cost under pick and choose way favouring and creating loss Rs. 1.64 lakhs crores to the national properties and fund, couple with further direction to prosecute accused persons in the interest of the general public as prayed for. 2. That Petitioner has prayed for an independent C.B.I. enquiry against the than coal ministers and others with prayer for the cancellation of the impugned allotment of coal blocks couple with recovery of value of mineral extracted under the impugned allotments. Petitioner clearly stated that impugned allotment of coal blocks had been done by the then coal ministers during 2004 – 2009 without any legal /constitutional authority hence are illegal. 3. That on 14.9.2012 being pleased this Hon’ble Court issued notice to decide question of constitutionality of the coal block allotment by the central government couple with others questionnaires. It was decided by this Hon’ble court to decide first constitutionality of the allotment and thereafter criminal aspect is to be decided. However in subsequent proceeding this Hon’ble court asked CBI to investigate entire allotment and to file their status report before this Hon’ble court. 4. That in the last hearing i.e. 28.3.2014 CBI had informed this Hon’ble court to file few charge sheets before the CBI Court. They also filed few other final reports in sealed cover before this Hon’ble court which was referred to the CVC for their opinion couple with further directions to Both CBI and ED shall submit the latest status reports of the affairs up to 30.4.2014 on or before 6.5.2014. 5. That respondents having hand with others are trying to protect than coal ministers who are real liable for criminal liabilities alongwith the whole cabinet but CBI did no single effort to investigate than coal ministers to complete the investigation and to prosecute them who are the main culprit in the entire coal allotment. 6. That without final approval by the then coal minister coal block could not be allotted. Present investigation is eye wash and has been being done just to protect all the coal minister as well as concerned persons who controlled the coal allotment scenario and only coal block allottees has been being investigated for charge sheets u/s 420 and others. This action vitiates entire investigation in the eye of law. Present Pil proceeding have been turned down to protect than coal ministers, cabinet and persons who has been controlling P.M office i.e. Congress president Sonia Gandhi as recently disclosed by the than PM’s secretary which says that all files of the PM office used to go to her for final decision. Even the than coal secretary also has disclosed certain true facts belongs to allotment of the coal block. But till date instead of true enquiry/ investigation these above said high profile persons has been protected in the similar manner as they had been protected in the 2G Scam by the all parties to that proceedings collectively with ulterior motive. 7. It is further revealed to the petitioner that CBI has concealed true fact about the declination to follow mandatory provision of the CR.P.C. in the present coal block allotment investigation which is a serious fraud upon this Hon’ble court /investigation /Petitioner herein. CBI has informed this Hon’ble court that they had filed few charge-sheets as well as some final closing report also and according to it CBI investigations in these allotments are completed. It is revealed to the petitioner that CBI concealed true facts that they did not follow mandatory provision of the CR.P.C. in these investigations. 8. According to admitted facts on records all coal block has been finally decided and allotted by the then coal ministers based upon recommendations of the concerned states , as claimed by the states, including the concerned ministry i.e. power and iron and steel ministry. 9. That impugned action /investigation of the CBI cannot be held as legal as it is not complete investigation at all within the provision of the CR.P.C. and law upheld by this Hon’ble court. 10. The powers and duties of a Police Officer making an investigation are laid down in Sections 157 to 173 of the Cr.P.C. it is appeared on the face of records that CBI declined to follow same which has created present investigation incomplete and disclose protection of high profile persons which is not only corruption but also violation of Art.14 of the constitution of India. 11. As held by the Honble Supreme Court in H.N. Rishbud V. State of Delhi (A.I.R. 1955 S.C.196), the investigation generally consists of the following steps:– i) Proceeding to the spot; ii) Ascertainment of the facts and circumstances of the case; iii) Discovery and arrest of the suspected offender; iv) Collection of evidence relating to the commission of the offence which may consist of the examination of various persons (including the accused) and the, reduction of their statements into writing, if the Officer thinks fit, (b) the search of places or seizure of things considered necessary for the investigation and to be produced at the trial; and v) Formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial, and if so, taking necessary steps for the same by filing of a charge-sheet under Section 173 Cr.P.C. before the competent Court. 12. That till date in their investigation CBI did not comply provision of the CR.P.C. . They did not record any statements / questions with chief minister of any concerned state, minister of iron and steel ministry, power ministry as well as then coal ministers involved in the impugned allotment. 13. That present investigation cannot be accepted as legal one and is incomplete therefore it cannot be based for any trial proceedings as valid. An incomplete investigation cannot be based for final report within the meaning of s.173 of CR.P.C. and it shall not be allowed for any trial too. 14. That laws imposed by the parliament apply upon all citizens of India / persons in India in equal manner irrespective of their status , rank and profile. 15. That constitution bench of this Hon’ble Supreme court has already upheld that cabinet is responsible to the legislature for every action taken in any of the ministries which is the essence of the joint responsibility within the provision of the constitution. M In the present case allotment letter to the allottees has been issued /communicated by the under secretary to the govt. of India once said coal block has been allotted by the then coal minister. It is an action of the ministry binds whole cabinet under joint liability and within the constitution provisions they a cabinet is liable for the action of the ministry. Therefore impugned allotment did by the then coal ministers in the present scenario bind all the cabinet ministers as responsible to the legislature within the concept of the joint liability as cabinet is duty bound to inform to the president each and every decision and each executive action (art.53) is done by the president or in the name of the president (art.77) through minister s cabinet/prime minister are duty bound to informed the president all decisions of the administration of the affairs of the Union (Art.78). Within this constitutional provisions also role of the cabinet are key role for the allotment of the coal block and are subject to investigation and to face joint liabilities. 16. That within admitted facts by the U.O.I. & state governments impugned coal block allotments & issued subsequent letters are binding upon the state government & U.O.I. Therefore there is a crime otherwise not. Therefore entire cabinet, screening committee members, persons issued directions including the than coal ministers are also come within the joint liabilities and investigation of present scenario. 17. That within the constitution bench whole cabinet is jointly responsible for each action of the ministry but none of the cabinet minister has been called by the CBI even for a statement / investigation till date which further show /vitiates entire investigation as mala fide, one sided having sole object to protect high profile persons, ministers and leaders those were having central role in the impugned coal block allotment in exchange for money, favour and others political/financial reasons. It was a main target of the whole criminal conspiracy to be search by the CBI but remain diverted and shielded. 18. That filed final reports in the court herein or court below are based upon concocted efforts only to protect real culprit against whom a strong prima facie case exists. But no investigation /action till date has been done by the CBI just to protect/ keep them out from the present criminal scenario. 19. That within the aforesaid facts and circumstances it is appeared that present CBI investigation is nothing more than eye wash and has been being done to protect real responsible persons , than coal ministers and to keep out whole cabinet from their liabilities who are jointly liable for entire cabinet action and decision. 20. That final report, filed by the CBI herein /in court below , are therefore defective and have no legal value. On the other hand it can be said an eye wash investigation proceeding which must be stopped couple with further direction to investigate entire matter in accordance of law. 21. However Hon’ble court has already reserved judgment upon constitutionality as well as legal power of the central government to allot the coal block which will decide destiny of the entire scenario. If central government had no power to allot a coal block , each and every allotment of coal block allotted by the central government through so called screening committee appointed by the central government within the guideline framed by the said screening committee is illegal and liable to set aside irrespective private or government in nature or vise versa. 22. Therefore also it is requested that this Hon’ble court be pleased to issue direction to the respondent to act within the provision of Cr.P.C. /law for investigation all the person irrespective their profile, standard and class within the final judgment upon constitutionality to be declared by this Hon’ble court. In the meanwhile learned court below, CBI Court, should not take any cognizance upon filed report before them as they are incomplete and eye washed only without considering all facts, accused persons in the criminal scenario for the allotment of the coal block. 23. That no direction and guideline has been yet framed for investigation of the present coal allotment scam as it cannot be done unless the final judgment upon constitutionality to be declared by this Hon’ble court. 24. That sole object of the petitioner’s PIL was to decide constitutionality and legality of the allotment , criminal and civil liability of the all concerned persons but the same has been diverted just to protect all persons those are basically jointly and severally liable for the impugned allotment in all manner. 25. That Respondent CBI remain failure to disclose entire scenario of the allotment as revealed to the petitioner within the latest disclosure of the than secretary of the coal ministry and prime minister office which claimed that allotments were not done by the screening committee as claimed but has been done by the than coal minister under direction and control of the congress presidents Sonia Gandhi as all files used to go her office/residence for final direction. 26. Therefore without investing all this facts and persons no investigation will be a complete and true investigation within the object of the present PIL proceeding. Therefore in the interest of justice and for true and fair investigation within the principle of law full & complete fair investigation must be done for which a suitable direction must be issued by this Hon’ble court. 27. That denial to impose provision of law , CR.P.C. , and law declared by this Hon’ble court for the investigation in the present scenario is a clear violation of the Art.14 of the constitution of India which must be stopped /prohibited with immediate suitable direction in the interest of justice. 28. That respondent and others are succeed to protect real accused persons from the present coal investigation if this will not be controlled entire purpose of justice will be frustrated and justice will be denial. Therefore Petitioner is entitled for the prayer /relief s prayed for. 29. That in case of proper direction are not issued entire object of the present PIl will be destroyed and real powerful persons who are responsible for this scenario will be escaped as are happening till now. PRAYER Therefore within the aforesaid facts and circumstances and in the interest of justice this Hon’ble court be pleased: 1. to issue proper direction to the respondents to investigate entire criminal scenario of the coal block allotment within the provision of Cr.P.C. /law for investigation against the all persons irrespective their profile , standard and class . AND 2. This Hon’ble court be further pleased to hold all action upon so called filed final report till the final judgment upon constitutionality to be declared by this Hon’ble court. AND 3. This Hon’ble court be further pleased direction to the learned court below,CBI Court, not to act upon filed report before them as they are incomplete and eye washed only as has been filed without investigating & considering all facts , accused persons in the criminal scenario for the allotment of the coal block and has been done just to protect real accused persons/persons/ministers . AND 4. Pass such other order/ orders as this Hon’ble court deems fit and proper in the fact and circumstances of this case. AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS ARE DUTY BOUND SHALL EVER PRAYS. Drawn & settled by: Filed by: Manohar Lal Sharma Advocate Manohar Lal Sharma Advocate Petitioner-in-person Drawn on : 5.5.2014 Filed on : 6.5.2014 IN THE SUPREME COURT OF INDIA ORIGINAL Criminal JURISDICTION CRL.M.P. no. of 2014 IN Writ Petition (Crl.) no. 120 of 2012 IN THE MATTER OF Manohar Lal Sharma Advocate Petitioner Versus The principle secretary & Others Respondent AFFIDAVIT I, Manohar Lal Sharma S/O Late Shri P.L. Sharma ,practicing advocate presently practicing in Supreme Court at S.C.B. Lib. No.-1 Supreme Court of India ,New Delhi, Petitioner do hereby solemnly affirm, state and declares as under 1. That I am the petitioner in the above writ petition and as such I am aware of the facts of this case and I am competent to swear this affidavit. 2. That contents of this accompanied applications for directions are true and correct to the best of my knowledge and belief. Deponent Verification I , the above named deponent do hereby declare and verify on oath that the contents of this affidavit are true to my knowledge ,nothing material has been concealed therefrom and no part of it is false. Verified at New Delhi on this 6.5.2014 DEPONENT IN THE SUPREME COURT OF INDIA ORIGINAL Criminal JURISDICTION CRL.M.P. no. of 2014 IN Writ Petition (Crl.) no. 120 of 2012 IN THE MATTER OF Manohar Lal Sharma Advocate Petitioner Versus The principle secretary & Others Respondent ============================================================= INDEX CRL.M.P. no. of 2014 Application for Direction with Affidavit ============================================================= WITH PAPER BOOKS Manohar Lal Sharma Advocate Petitioner in –Person Mob 9810279220 Mlscourt2@gmail
Posted on: Tue, 06 May 2014 12:58:40 +0000