Supreme Court Appoints Two Special Courts To Try Coal Block Allocation Cases, Arun Bhardwaj, Sanjay Bansal Appointed As Special Judges

Supreme Court has on Monday decided to appoint two Special Courts to deal with and exclusively try the offences pertaining to coal block allocation matters.

A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has appointed Mr. Arun Bhardwaj and Mr Sanjay Bansal as Special Judges for Special Courts 1 and 2 in order of their seniority.

The decision to appoint two Special Courts has been taken by the Court in consideration of suggestion made by Sr Adv RS Cheema Previously there was only one Special Court which was appointed by the the Apex Court in 2014 with Mr Bharat Parashar as the Special Judge.

The appointment of the two Special Judges has been made by the Court to replace Mr Bharat Parashar who was appointed to deal and exclusively try the offences pertaining to coal block allocation matters.

The Court had requested Chief Justice, Delhi High Court to provide a panel of names of about five judges of a high caliber and absolute integrity to enable the top Court to suggest an appropriate replacement for Mr. Bharat Parashar, Special Judge.

The Court today considered letters of Delhi High Court's Registrar General dated 3rd Feb and 22nd March.

During the hearing today, the Bench observed that 5 names have been suggested by the Delhi High Court's Registrar General. While the Court didn't have their ACRs, it was sure that they must all be good as the Registrar General must have examined before sending their names.

Senior Advocate RS Cheema submitted before the Court that as the number of pending cases are 40, the Court can appoint 2 special Courts.

"That's fine we can appoint 2 special courts." CJI Observed

The Bench noted that Sr Adv RS Cheema has suggested that it would be appropriate to appoint two Special Courts and SG Mehta has agreed to the suggestion. Out of the names suggested by Delhi High Court's Registrar General, the Court found it appropriate to appoint Arun Bhardwaj and Sanjay Bansal for Special Courts 1 and 2 in order of their seniority.

SG Mehta sought listing of another interim application filed by Sr Adv Cheema seeking to be relieved from PMLA and Coal matters.

Supreme Court has in 2014 appointed Senior Advocate Senior Advocate R.S. Cheema, as the Special Public Prosecutor by the Government of India to conduct the prosecution of the offences pertaining to coal block allocation matters on behalf of CBI and Enforcement Directorate.

Senior Counsel Cheema submitted that the Court had accepted his request and through its order on 14th Feb 2020 had asked him to continue till june.

"You realise how valuable you are for us." CJI remarked.

The Court observed that it would be willing if to relieve Mr Cheema if he suggests an appropriate substitute.

SG Mehta and Sr Adv Cheema have discussed inter se and come to a conclusion. The Bench observed that the final decision will however be theirs.

Supreme Court had on 15th March 2021, asked the Delhi High Court's Chief Justice to panel of names of about five judges of a high caliber and absolute integrity to replace Mr Bharat Parashar who in 2014 was appointed by Supreme Court as Special Judge to hear coal block allocation matters.

The Court had observed that Mr. Bharat Parashar who has acted as a Special Judge (PC Act), (CBI) Patiala House Court, New Delhi, needs to be replaced, as he has now completed more than 6 years in the same post after having been posted as Special Judge by the Supreme Court in 2014. The direction had been issued by the Court in response to letter of Registrar General of Delhi High Court seeking permission to nominate another suitable officer as Special Judge.

The Registrar General of Delhi High Court had written a letter seeking permission of the Apex Court to nominate/post another suitable Officer as Special Judge in place of Mr. Bharat Parashar, Special Judge, in the matter which is pending for about six years when the law contemplates the disposal of the such matters in two years which may be extended upto 4 times by periods of six months each.

Supreme Court through its order on 27th July 2014 had appointed Mr. Bharat Prashar, an officer of Delhi Higher Judicial Service for being posted as Special Judge to deal and exclusively try the offences pertaining to coal block allocation matters under the Indian Penal Code, 1860, Prevention of Corruption Act, 1988, Prevention of Money-Laundering Act, 2002 and other allied offences.

It was directed that all cases pending before different courts in Delhi pertaining to coal block allocation matters would stand transferred to the court of Special Judge.

Supreme Court had in August 2014 quashed 214 coal block allocations that the central government had allocated between 1993 and 2010. A three-judge Bench headed by Chief Justice of India R.M. Lodha had cancelled all but 4 of 218 allocations calling them arbitrary, illegal and amounting to unfair distribution of national wealth The decision had come in response to plea filed by NGO Common Cause and others challenging the legality of allocation of coal blocks to private companies from 1993 onwards.