Can't direct CBI to register FIR: Special Court to MMTC on coal import scam
special court has dismissed a plea by the Metals and Minerals Trading Corporation of India (MMTC) seeking the registration of an FIR by the CBI in connection with alleged corruption in the import of coal from an Australian company at inflated rates in 2009, officials said Thursday. The PSU had sought directions to the CBI to register an FIR in matter which is now being investigated by the central probe agency by registering a preliminary enquiry.
A preliminary enquiry is the first step by the agency to ascertain if there is prima facie enough material in the allegations to warrant a full-fledged investigation through an FIR or a regular case, they said.
The plea was dismissed by the special court which said it does not have power to direct the CBI to register an FIR and investigate the case.
Citing orders of the Supreme Court and high courts, the special court said the powers to issue directions to the CBI to register an FIR lie with the Supreme Court and high courts only.
The public sector undertaking had approached the special court with a plea it had submitted two complaints with the CBI — September 2, 2022 dated November 23, 2022 — seeking the registration of the FIR in the matter as the complaints were disclosing the commission of the cognisable offences, but no action was taken by CBI.
The central probe agency had registered a preliminary enquiry last year.
The case pertains to a long-term agreement signed between MMTC and Anglo American Metallurgical Coal Pty. Ltd on March 7, 2007 for the purchase of
