By : M.S.Yatnatti Editor and Video Journalist Bangaluru : The Supreme Court stayed court proceedings and a summons issued by a special CBI court against former Prime Minister Manmohan Singh and five others in the case of allocation of Talabira-II coal block in Odisha in 2005 to Aditya Birla group company Hindalco. The stay, which also applied to Hindalco Chairman Kumar Mangalam Birla, former Coal Secretary PC Parakh and three others, came after senior counsel Kapil Sibal questioned the legality of the summons to the former Prime Minister citing lack of sanction as required under the CrPC and contended that allocation of a coal block was an administrative act without any criminal intent. "I must confess that I have not been able to find out what is the illegal act done by the petitioner in the case," Sibal said at the outset of the 35-minute proceedings. He also referred to the earlier Supreme Court judgement by which all the coal block allocations were quashed on the ground that screening committee procedures were illegal."The trial court, in its order, says that you did not follow the screening committee and this is contrary to law," Sibal said, adding that the order summoning the PM does not stand the scrutiny of "public reasoning"
Blunt and Sharp facts: Coal block for mining is allocated to Joint Venture Company not to Hindalco or Birla as the case is made out .Dr Singhdeserve the respect he commands and he is man of highest integrity and father of all economic reforms .No one should cast criminal aspersions on him without any tangible proof on his blunt decisions.. Dr Singh former prime minister must engage legal expert as he has many legal avenues to get relief from Supreme Court from the problems thrown by CBI court. Dr Singhis in need of correct legal help and consultancy from many experts to win and to get acquittal in the complex criminal case and the defense lawyers team need to consider every legal point small or big in favor of legal defense coming from any anybody or any quarter small or big without any hesitation along with their own legal points andprepare themselves.A special CBI court stunned former prime minister Manmohan Singh and his Congress colleagues by summoning him as an accused in a case of alleged illegal allocation of a coal block to Kumar Mangalam Birla's Hindalco at the cost of public sector Neyveli Lignite Corporation.The FIR is filed under Sec 120B of (IPC) (Criminal conspiracy) Maximum sentence depend on crime involved ; 409 of IPC (criminal breach of trust by public servant) Max ten years ; Sec 13(1)(c) of prevention of corruption Act Max 7 years. and 13(1) (d) (3) .But this cannot be slapped on Dr Singh as there is no quid pro quo transaction involved. No evidence of taking money or getting pecuniary advantage .Special CBI court presumed that Dr Singh distributed cash or finished product to Hindalco and not given cash or finished product to Neyveli Lignite Corporationand presumed that Hindalco will make windfall profit and so Dr Singh is guilty . It is pertinent to note that finished product is not allocated to one single company. It is allocated to Joint Venture Company. Every company partner in JV makes investment according to their share holdingand everybody will get the finished product according to their share holding and question of anybody or Hindalco making windfall profit does not arise as they get what is invested .Investment comes with risk and it investing capacityof investment .There isno Criminality in allocating the coal block to a JV company comprising of Neyveli Lignite, Mahanadi Coalfields and Hindalco with respective investment proposal from each JV company and its share holding..It is time to debate Private sector and public sector .Private sector is also a public sector in a way as it share holding is largely held by public. And pubic sector share holding is also public. And SEBI controls the Private sector,. Basically the theory of private sector and public sector itself is questionable as government is not a for profit organization .It cannot discriminate between private sector only on account of just because it is private sector. In private sector again it belong to public at large as it is publicly traded and listed company. First, there is no rule that only public sector need to be preferred then question of following therule of law does not arise . then question of following an act of omission or commission in it does nit arose and lastly , question of an element of criminality is out of question,".
Criminal law:In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty under Criminal Procedure Code 1973. The police stations never take civil cases for prosecution. Civil disputes are not the domain of criminal courts.Civil law:In contrast, a defendant in civil litigation is never incarcerated and never executed. An aggrieved person by government orders files civil writ petition or suite under Code of Civil Procedure, 1908 and the court either set aside the Government order or upheld the government order and no prosecution is allowed in respect of Government order. Civil disputes are very much different than criminal cases.