For the first time, an ex CBI Director will be tried for corrupt practices during his term as head of India’s premier investigating agency. The Quint has accessed exclusive details of the report prepared by a Supreme Court-appointed panel, which has indicted Ranjit Sinha for attempting to influence the investigation into the coal block allocation scam.
According to highly placed sources, the panel report mentions that Sinha tried to dilute charges in the investigation, which involved a senior Congress Party member. Sources also confirmed that of the 15 coal cases probed by the panel, in a number of them, Sinha diluted the charges against the accused or closed the cases altogether.
The petition filed in the Supreme Court said that the entry diary was maintained for 15 months (2013-2014) at the gate of Sinha’s official residence at 2, Janpath, New Delhi. The diary showed that he was having meetings, several of them late at night, at his residence with several accused persons in prominent cases like the coal scam case, 2G scam case, and with hawala operators like Moin Qureshi, without the presence of any investigation officers.
The Quint has also learnt from reliable sources that the entry register at Sinha’s official residence in Delhi was informally maintained by security guards.
The diary appeared to be genuine. The probe has revealed that it was maintained unofficially on the orders of someone who resided in the same house.Sources
The CBI initiated investigation on the allocation of 350 coal blocks, of which only 50 were converted into FIRs. According to the sources, out of 300, Sinha played an important role in filing most of the cases.
A prayer has been made in the panel report, stating that 300 coal block allocations should be re-investigated.Sources
The panel report clearly says that Sinha’s meeting with the accused in the coal scam affected his decision.
The panel report doesn’t mention anything about money changing hands between Sinha and other accused. As there is no evidence to back this allegation, it would merely be an inference. Now, it is up to the Supreme Court to decide the future course of action.Sources
Sinha was appointed as the Director CBI in December 2012 for two years during the UPA government. Sinha’s lawyer has already refuted the allegation in the SC, saying the visitor’s diary is dubious and that he had no knowledge about it.
The sources also said the panel report confirms that meetings between Congress MP Vijay Darda and Sinha took place. It also says that Sinha diluted the case against Darda.
The following is the chronology of the meetings between Sinha and Darda.
By 7 October 2013, both the SP and the Investigative Officer in the case had recommended chargesheets in all the three cases against Darda, MOS Coal, Coal Secretary etc.
The Senior Public Prosecutor had recommended prosecution in two out of three cases.
Thereafter, according to the entry register, Vijay Darda met Sinha on 22 November 2013. The file was in the DIG’s possession at that time. He also recommended chargesheet in all the three cases on 5th December 2013.
On 6 December, the file was marked for another legal opinion. This was uncalled for, as in at least two cases, there was no difference of opinion.
On 22 December 2013, Vijay Darda met Sinha again. On 13 January 2014, the legal department came to the conclusion that out of three cases, only one was fit for prosecution.
On 28 January, Darda met Sinha once more. Two days later, on 30 January 2014, Joint Director CBI, OP Galhotra supported the view taken by the legal department and marked the file to Additional Director CBI, RK Dutta.
Dutta did not approve of Galhotra’s decision, and asked for further investigation in the matter.
The file was marked to Sinha, who met Mr Devender Darda four times on 2nd, 3rd, 6th and 8th of February 2014.
After these meetings, Sinha, on 13 February 2014, overruled both the DIG and AD Dutta, saying that two of the three cases need to be closed. On the third case, he argued that the prosecution case was very weak and marked it for the opinion of CBI’s senior counsel Amrendra Sharan.
The DIG pointed out that Sharan had appeared on behalf of Darda. The DIG’s objection was overruled by Sinha.
While the file was sent to Sharan, he and Darda met Sinha at almost the same time at latter’s residence on 26 February 2014. According to the entry register, Darda met Sinha from 7 pm to 7.12 pm, while Sharan met him from 7.19 pm to 8.45 pm.
On 18th March 2014, Sharan submitted his opinion. He stated that deliberate mis-statement by the company would be an offence under Section 420 of the IPC and that the role of the public servants needed to be examined under the Prevention of Corruption Act.
Sinha stated that Sharan’s opinion was unclear and marked the file to the legal department. During this period, Devender Darda met Sinha on 13 and 21 March 2014.
The legal department, now in a reversal of its stand, recommended the closure of this case.
However, the Joint Director observed in the file that he stuck to his earlier view about prosecution and so did the Additional Director. With these observations, the file was marked to Sinha.
Under pressure, Sinha consented to a limited chargesheet being filed in one case against the Dardas. The Secretary Coal and MoS Coal and other Govt officials were not chargesheeted.
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