Apex Court stays summons to ex-PM in COALGATE

Manmohan Singh had last week challenged the summons asking him to appear as an accused. Industrialist KM Birla and ex-coal secretary P C Parakh also gets relief.

A bench comprises of justices V Gopala Gowda and C Nagappan stayed the summons issued to ex PM Manmohan Singh, noted industrialist Kumar Mangalam Birla and former coal secretaary P C Parakh in the coal block allocation case, after hearing arguments by advocate Kapial Sibal who represented Ex- PM Manmohan Singh in Coalgate.

Mr. Sibal raised the doubt over the legality of the summons citing lack of sanction as required under the CrPC. He argued that allocation of a coal block was an administrative act without any criminal intent.

He also pointed out what ex-PM has stated at the time of the issue of the summons, is that “He is open for legal scrutiny. He is sure that the truth will prevail and he will get a chance to put forward his case with all the facts”

Singh had moved the Supreme Court in last week, against a special court order summoning him as an accused in the case of allocation of Talabira-II coal block in Odisha in 2005 to Hindalco.

K M Birla and P. C. Parakh, who were summoned as accused in the case, had also filed petitions challenging the trial court order.

COALGATE so far

• Special court quashes CBI’s closure report in the case and had sought a fresh probe, examining Singh, the then principal secretary, T K A Nair and the then private secretary to the PM, B V R Subramanyam.

• CBI issues summons on charges of criminal conspiracy, breach of trust and under provisions of Prevention of Corruption Act. to 1) Ex-PM Manmohan Singh, 2) Kumar Mangalam Birla, 3) P. C. Parakh 4) M/s Hindalco 5) Shubhendu Amitabh and 6) D Bhattacharya

• Manmohan Singh moves to the Supreme Court against CBI special court order summoning him as an accused.

• KM Birla and Parakh, who were summoned as accused in the case, also files petitions challenging the trial court order

• Apex court stays the summons issued to Manmohan Singh, KM Birla, P. C. Parakh

• The bench also stays the proceedings before the trial court and issues notice to the Centre on a plea challenging constitutional validity of section 13 (1)(d)(iii) of the Prevention of Corruption Act