SC raps CBI ex-chief Sinha for meeting accused, orders prob

New Delhi, The Supreme Court today decided to order a probe against former CBI Director Ranjit Sinha for meeting some of the accused in the coal block allocation case several times at his official residence when he was heading the agency. Sinha retired on December 2, 2014.
The apex court sought the assistance of the Central Vigilance Commission (CVC), which monitors the functioning of the CBI, for determining the methodology for conducting the inquiry against Sinha.
A three-member Bench headed by Justice Madan B Lokur rejected the contentions of Sinha and the CBI that the meetings did not in any way affect the investigations into the scam and as such no action was required against him. Jutices Kurian Joseph and AK Sikri are the other members of the Bench.
“Justice must not only be done but it must also appear to have been done. Similarly, investigations must not only be fair but must appear to have been conducted in a fair manner. The fact that Mr Sinha met some of the accused persons without the investigating officer or the investigating team being present disturbs us with regard to the fairness of the investigations,” the Bench explained.
It also did not agree with the CBI’s contention that a probe against Sinha would damage the reputation of the premier investigation agency. Rather, the CBI stood to gain by the probe, irrespective of the fact whether Sinha would get a clean chit or be held guilty. If he was guilty, the CBI could make mid-course corrections in its probe in the coal scam case, the Bench said.
The Bench said the charge against Sinha had become serious as he had met the accused despite the fact that earlier in 2011 the SC had directed him to desist from interfering in the investigation and prosecution in the 2G spectrum allocation case after learning that he had shared some of the details with the then Union Law Minister.
The Bench rejected Sinha’s pleadings that since another SC Bench had refused to order an investigation into his meetings with the accused in the 2G scam case there was no such need in the coal block allocation case as well. The fact that the SC did not order a probe into his meetings with the 2G accused “is not relevant,” the Bench said.
It also rejected Sinha’s plea for initiating criminal proceedings against NGO Common Cause, which had complained about his meetings with the accused in both 2G and coal cases, and its counsel Prashant Bhushan for making false statements on the basis of the visitors’ register.