SC orders CBI to probe missing files

• Raps Centre for not handing over all files
• Wonders if there is an attempt to destroy records
• Flays why FIR not filed if files went missing

New Delhi (Agencies): The Supreme Court on Thursday said the CBI would investigate how and why crucial files related to the coal allocation scam went missing, and asked the government scathingly, “is it an attempt to destroy records?” Holding that the missing documents are "vital" for the probe in the scam, the apex court directed the coal ministry to lodge complaint with the CBI if it fails to trace any documents, sought by the agency.

"You (Centre) cannot do like this. Your explanation that files are being searched is not reasonable. This will not help," a three-judge bench headed by Justice RM Lodha said. The bench slammed the government for not lodging FIRs on missing files and raised a question as to whether "it is an attempt to destroy the records in the case."

"Four months have passed. Have you filed an FIR for missing files. Is it an attempt to destroy the records. Truth must come out," the bench, also comprising Justice Madan B Lokur and Justice Kurian Joseph, said while noting that missing documents pertain to financial aspects of the allocations.

"This cannot be left as it is. Why a case has not been registered so far? Proper report has to be lodged to find out whether it has been stolen or destroyed. This cannot be allowed. Some investigation has to be done on the issue," the bench said.

"For any reason if files are not available or lost or stolen or destroyed, tell us when will you lodge a complaint with CBI," the bench asked attorney general GE Vahanvati, who, appearing for the coal ministry, assured that the Ministry would do the needful if documents are not traced.

The bench then asked the CBI to give a list of documents, files, information, sought by it, within five days to the coal ministry which, in turn, would furnish them within two weeks thereafter. If any documents remain untraceable, then FIRs have to be lodged by the coal ministry with the CBI within a week thereafter, it said.

“You just can't sit over papers. All documents required by CBI should be made available. There can't be any justification in not providing them,” the top court told the Centre, alleging that the investigation slowed down as the CBI did not receive the documents it needed.

The CBI had said it had not received some 225 crucial files from the government to investigate 13 FIRs or police complaints it had filed in the case related to the allocation of precious coal blocks to private parties at throwaway prices.

But in an affidavit two days ago, the government said it was trying to locate seven files wanted by the CBI. The court asked the CBI to hand over a consolidated statement of the missing files and documents to the Attorney General's office within five days and asked the Centre to hand over every document the CBI needed within two weeks of this. "If some files are not traceable then the coal ministry shall submit a report of such missing files to CBI which will probe it," the court said. The top court also slammed the slow pace of probe.

"You have to pick up speed for concluding the probe against all 169 companies allegedly involved in the scam," the court told the CBI, which assured that it would complete the coal probe in four or five months. The opposition, which has targeted the Prime Minister Manmohan Singh and asked him to explain the missing coal files, alleges that many of these files are from the time that the PM himself was in charge of the coal ministry.