Coalgate: CBI likely to appeal against adverse comments of Special Judge

New Delhi: CBI will soon move an appeal against the order of a Special Judge wherein he rejected the closure report filed by the agency against a company in coal scam case and made some adverse remarks against the agency officials probing the case.

Highly placed sources in CBI said that the comments made by the Judge created resentment in the "rank and file" of the agency and are demoralising for the officers who have worked hard throughout their lives deciphering very complex cases.

They said that the Judge could have just rejected the closure report but there was no reason to make comments on the investigating skills of the officers concerned as many other cases probed by them have ended in the conviction as well.

The sources claimed there are number of Supreme Court and High Court orders wherein it is advised to fellow judges to refrain from making disparaging comments against the officers and authorities unless extremely necessary.

CBI may rely on a Supreme Court order by Justice (retd) KG Balakrishnan and Justice (retd) P Satahasivam on April 16, 2009, saying, "It is settled law that harsh or disparaging remarks are not to be made against persons and authorities whose conduct into consideration before the Courts of law unless it is really for the decision of the case as an integral part thereof."

The agency had to face flak from Special CBI Judge Bharat Parashar who had rejected the closure report filed by the agency in a coal scam case involving Vikash Metals and Power Ltd (VMPL) and its officials.

The court had asked the CBI Director and DIGs, who are supervising probe in coal scam cases, to ensure proper training of the officers to hone up their skills for probing the case.

"Director, CBI and DIG, CBI supervising the investigation of the case, shall also ensure that if they find the officers working under them to be lacking in the skills of investigation, they shall ensure proper training and refresher courses for them at CBI Academy so as to hone up their skills of investigation," it had said.