Earlier, the Supreme Court issued directions preventing high courts from hearing appeals against trial court rulings in coal block allocation cases.
New Delhi, February 28: The Supreme Court asked the Central Bureau of Investigation (CBI) to approach the Delhi High Court regarding the discharge of a company and three individuals in a case related to the coal block allocation scam.
A bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar was hearing the CBI’s appeal against the decision of a special court in Delhi.
On August 9, 2024, the trial court had discharged M/s Corporate Ispat Alloys and three individuals—Manoj Jayaswal, Sanjeev Jha, and Sanjeev Munjal—from the case.
Between 2014 and 2017, the Supreme Court had ruled that accused persons in coal block allocation cases could not approach the high court. It had directed that all appeals from trial courts should be filed only in the Supreme Court.
Following these past rulings, the CBI had approached the top court against the trial court’s order. However, the bench was inclined to issue a notice on the appeal but stated that the matter should be heard by the Delhi High Court.
The Chief Justice said, “We also want to have the benefit of Delhi High Court orders passed in these cases.”
He further asked, “Is this the stand of the CBI that everything should come to us?”
Senior advocate and special CBI prosecutor R S Cheema agreed with the Chief Justice’s view. He informed the court that the CBI was willing to withdraw its appeal in the Supreme Court and instead move the Delhi High Court.
On 16th Jan, Justice K.V. Viswanathan of the Supreme Court recused himself from hearing cases related to the coal scam, citing his prior involvement as a lawyer in one of the matters.
Earlier, the Supreme Court had issued directions preventing high courts from hearing appeals against trial court rulings in coal block allocation cases. This was done to ensure that cases were not delayed by repeated appeals.
However, during a separate hearing, the court indicated that it might consider modifying these orders. Some parties had argued that the Delhi High Court, being the appellate court, should be allowed to hear appeals against trial court decisions in such cases.
Senior advocate Mukul Rohatgi, representing a litigant, had argued that “the high court couldn’t be restrained from hearing appeals and the pleas seeking discharge in the cases.”
Coal Block Allocation Scam
In 2014, the Supreme Court canceled 214 coal block allocations made by the central government between 1993 and 2010. This decision was based on multiple public interest litigations (PILs) that alleged irregularities in the allocation process. The court had also ordered that trials in these cases be conducted by a special CBI judge.
Following this, the CBI registered 57 cases related to the scam. Additionally, money laundering cases linked to these coal allocations were also filed.
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