VidhiSangh

Supreme Court of India · 23/08/2024

M/S KARNATAKA EMTA COAL MINES LIMITED AND ANOTHER versus CENTRAL BUREAU OF INVESTIGATION

[2024] 8 S.C.R. 1146 · 2024 INSC 623

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Summary

Exercising its Article 136 jurisdiction in a coal block case, the Supreme Court set aside the Special Judge's orders refusing discharge and framing charges against KECML and its former Managing Director. The charges were under Section 120-B with Section 409 IPC and the Prevention of Corruption Act, over the disposal of coal washery rejects. The Court held that the case was in substance a civil contractual dispute. The CBI built it on an un-tabled CAG audit report, and it was contradicted by civil judgments clearing KECML, by refusals of sanction for co-accused KPCL officers, and by the contracts themselves, which gave KPCL no claim to the rejects.

Issues

  1. Whether the prosecution was triggered by and rested mainly on the CAG audit report of 2013, and what evidentiary weight a CAG report has before it is tabled in and scrutinised by Parliament.
  2. Whether the Karnataka High Court's judgment of 24.03.2016, affirmed by the Supreme Court on 20.05.2022, quashing KPCL's civil demand for the value of the coal rejects, bars a criminal prosecution on the same facts.
  3. What effect the refusal of sanction to prosecute senior KPCL officers alleged to be co-conspirators has on prosecuting the private appellants on the same material.
  4. Whether, under the JVA, FSA, allocation letter and notification, KECML had to account to KPCL for the coal rejects, and whether disposing of them through the washery operator raised any inference of criminality.
  5. The scope of discharge under Section 227 CrPC, and whether the Supreme Court should interfere under Article 136 at the stage of charge where the High Court's Section 482 jurisdiction was unavailable in coal block cases.

Provisions considered

Held

Result

Appeals allowed. The order on charge dated 24.12.2021 and the order framing charges dated 03.03.2022 passed by the Special Judge (PC Act), CBI, Rouse Avenue Court, Delhi, were quashed and set aside as against the appellants.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 1146.