NEW DELHI, Dec 4: The Supreme Court on Wednesday agreed to consider pleas seeking modification of its earlier orders that restricted high courts from hearing appeals against trial court rulings in cases related to the alleged illegal allocation of coal blocks.
The apex court had passed two orders between 2014 and 2017, which barred the accused from approaching high courts. The orders directed that appeals against trial court proceedings in the coal scam cases could only be filed in the Supreme Court. The aim was to expedite trials by preventing delays caused by the accused seeking relief in high courts.
A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing pleas asking for the Delhi High Court to be allowed to hear appeals against trial court orders related to the coal scam. During the hearing, Chief Justice Khanna questioned if the Central Bureau of Investigation (CBI) wanted all appeals to come directly to the Supreme Court. The bench noted it also wished to benefit from the Delhi High Court’s orders in these cases.
Senior advocate Mukul Rohatgi, representing a litigant, argued that high courts should not be restricted from hearing appeals or pleas for discharge in these cases. Lawyer Prashant Bhushan, representing NGO ‘Common Cause,’ clarified that the orders were intended to prevent delays in the trial, which could be hindered by accused parties seeking relief in high courts.
The bench noted that since the original orders were passed by a three-judge bench, the matter would be listed before a bench of the same strength in the week starting January 15, 2025.
In 2014, the Supreme Court had quashed 214 coal block allocations made by the Centre between 1993 and 2010, following a public interest litigation (PIL). The court had ordered a trial by a special CBI judge and stated that any plea for a stay or to impede the investigation or trial could only be filed before the Supreme Court, effectively barring other courts from hearing such pleas.
Additionally, a bench led by Justice Abhay S. Oka issued a notice to the Enforcement Directorate seeking clarification on whether the same bar applied to cases under the Prevention of Money Laundering Act (PMLA), particularly those linked to the coal block allocation scam. The CBI has filed 57 cases in the coal scam, with several associated money laundering cases also being pursued.
