Coalgate scam: Supreme Court seeks details of allocation of 164 coal blocks; ASG Siddharth Luthra seeks permission to discontinue representing the CBI

The Supreme Court today directed the Central government to file a counter affidavit within 4 weeks setting out the details of allocation of 164 coal blocks. The direction was given by a three judge Bench comprising of Justices RM Lodha, Madan B Lokur and Kurian Joseph in the matter of Common Cause & Ors v. Union of India & Ors. [WP (C) 4632012]..The Court also directed the Attorney General to clarify on the requirement of government sanction for investigation by the Central Bureau of Investigation (CBI) into offences under the Prevention of Corruption Act and ‘court-directed’ investigations..On July 3, 2013 the Union government had submitted an affidavit, pursuant to the direction of the Supreme Court on May 8, 2013, listing out, inter alia, the proposed steps to ensure the independent functioning of CBI..When the hearing began today, Advocate Prashant Bhushan, appearing for the NGO Common Cause, pointed out that as per the affidavit, government sanction would be required for CBI to initiate an investigation even into matters in which Court has directed for a CBI investigation. He therefore contended that it would nullify the independence of the CBI which the government proposed to secure..Bhushan also argued that the primary control which the government had over the CBI was administrative in nature, ie with respect to appointments, promotions etc. and the proposals had tinkered with those powers to a very limited extent. He also said that the Directorate of Prosecution was under the control of government and it interfered in the investigation frequently..Advocate ML Sharma, appearing in person, argued that the CBI’s Director should be appointed from the CBI and not from outside the organisation as proposed by the government. He also sought the setting up of advisory committee with a retired Supreme Court judge at its helm to appoint the Director of Prosecution..The Court said that as per the earlier decision in Vineet Narain’s case, the power of supervision over investigation had been shifted from the government to the Central Vigilance Commission. It, therefore, said that the prerequisite of government sanction for CBI investigation needed clarification. It also remarked that that a reading of the various affidavits and documents submitted by the government in this matter gave an impression that the CBI was ‘struggling’ and unable to produce documents to support the contentions made by it..The Court directed the Attorney General to clarify on the requirement of government sanction for investigation by CBI by July 17, 2013. It also directed the Central government to file a counter affidavit within 4 weeks to justify the allocation of 164 coal blocks..Further, Additional Solicitor General Siddharth Luthra would no longer be representing the CBI as the Court allowed his request to discontinue from the case. Earlier Senior Advocate UU Lalit had also withdrawn from the case citing conflict of interest.