Coal scam: CBI only hinted at former PM Manmohan Singh's role but he owned up

NEW DELHI: The Talabira II coal block allocation probe began with a controversy on October 16, 2013. The CBI FIR hinted at former PM Manmohan Singh, but didn't name him and used the term "competent authority" to describe the final decision maker. Manmohan Singh immediately owned up responsibility, said he was the competent authority and issued a statement defending the allocation. Singh later criticized CBI for questioning government decisions.

Speaking at a CBI function in November 2013, Singh said "some decisions which appear sensible ex-ante may ex-post turn out to be faulty", and added "errors of judgment should be distinguished from a criminal act". He said: "It wouldn't be appropriate for a police agency to sit in judgment over policy formulation without evidence of mala fide."

"Over time, investigating agencies have been enquiring into administrative decisions and matters related to policy making. Such cases require great care... While actions that prima facie show mala fide intent or pecuniary gain should certainly be questioned, pronouncing decisions taken with no ill-intention within the prevailing policy as criminal misconduct would certainly be flawed," Singh said.

The agency was pushed on the back foot for its decision to register an FIR against K M Birla and former coal secretary P C Parakh, who has a clean image. Parakh also wrote a book "Crusader or Conspirator? - Coalgate and other truths", in which he attacked CBI saying: "One doesn't expect the premier investigation agency to build its case on falsehoods, half-truths and conjecture."

He refused comment on Wednesday's court order. Former CAG Vinod Rai too criticized CBI while defending Parakh. The former bureaucrat later called CBI a 'department of dirty tricks'. Despite no evidence at the time of registering the FIR, the agency put up a brave face saying: "FIR is just the first step of the probe. It doesn't mean somebody is indicted'. Erstwhile CBI director Ranjit Sinha also refused comment. Sources told TOI that Sinha, after thorough investigation, stuck to the viewpoint that CBI didn't have authority to question cabinet/government decisions and there was no criminality in the case. TOI had first reported in October 2013 that CBI will close Hindalco case.