Govt foils CBI move to quiz PM’s Adviser

Thursday, 05 September 2013 | PNS | New Delhi

The Government has stonewalled CBI’s proposal to examine Prime Minister’s Adviser TKA Nair, Chief Election Commissioner VS Sampath and Election Commissioner HS Brahma in connection with Coalgate probe.

Sampath and Brahma were Power Secretaries between 2008 and 2009 when a large number of coal blocks were allotted by the Coal Ministry then headed by Manmohan Singh. 

It is learnt that DoPT has claimed that since Sampath and Brahma are holding Constitutional posts, examining them by the CBI is out of question. However, no such reason has been cited for denying permission to the CBI to question all-powerful PMO official TKA Nair, said sources.

However, the DoPT has given green signal to the CBI for examining other former power secretaries and coal secretaries and 17 former Chief Secretaries of Madhya Pradesh, Jharkhand, Odisha and Chhattisgarh.
The CBI got clearance to examine former power secretaries Anil Razdan, RV Shahi, and former Coal Secretaries C Balakrishnan, Alok Perty and PC Parikh. Earlier, the Government had cleared CBI’s request to examine former Coal Secretary Harish Chandra Gupta. He was questioned in June.

The denial of permission to examine TKA Nair shows that the Government managers want to insulate Prime Minister and PMO from Coalgate probe. The scam took place during 2004 and 2009. And Prime Minister Manmohan Singh handled the Coal Ministry between 2006 and 2009. Those days Nair was Principal Secretary to the PM.

As the apex court has not yet taken a final view on giving power to the CBI to examine officers without Government sanction in cases under SC monitor, the agency has to knock at the door of the Government for questioning officers above the rank of Joint Secretary.

Though the CBI in its affidavit to the SC pleaded it should be allowed to examine officers without Government sanction, the Government took a contrary view on the matter.

In a six-page affidavit, the CBI contended that no sanction or approval of the Government was required in court monitored cases, citing a recent order of another bench in 2G case.

“It is submitted that in case if it is held that even in the investigation which are monitored by court, requirement of sanction under Section 6 A is mandatory, then it would amount to suspension of the power of the court to monitor investigation,” the affidavit of CBI said.


But the Government lawyers pointed out that the order was limited to the Aircel-Maxis case alone. The Supreme Court will hear arguments on this regard on Thursday.

Source: http://www.dailypioneer.com/todays-newspaper/govt-foils-cbi-move--to-quiz-pms-adviser.html