ORDER : 11th Status Report of the Enforcement Directorate This status report is dated 30th November, 2017 and is taken up along with the Bird's Eye View of the investigations by the Enforcement Directorate dated 11th January, 2018 for the period from 1st December, 2017 and 8th January, 2018. 2. It is stated in the reports that 55 Regular Cases/First Information Reports have been registered by the CBI and investigations have been taken up by the Directorate of Enforcement in respect of these cases. In respect of one particular entity, there are three regular cases of the CBI, but they have been clubbed and one Enforcement Case Information Report (ECIR) has been recorded, thereby accounting for all 55 RCs. 3. It is further stated that provisional attachment orders have been issued in 13 cases amounting to a little over Rs.600 crores. Some of the provisional attachment orders have since been confirmed also. 4. It is stated that prosecution complaints have been filed in four cases. 5. It is submitted both by Mr. A. Sharan, learned senior counsel as well as Mr. R.S. Cheema, learned Special Public Prosecutor that prima facie it appears that some ECIRs have been registered even though no case appears to have been made out. We request both Mr. Sharan and Mr. Cheema to look into each case individually and give a joint written opinion to the Enforcement Directorate in the event it is found that no case is made out. This, in our opinion, will save a lot of unnecessary efforts by the Enforcement Directorate for the present and even in the future. 6. Both Mr. Sharan as well as Mr. Cheema have agreed to this procedure. 7. List the matter on 19 th February, 2018 at 2.00 p.m. 18 th Status Report filed by CBI dated 1 st December, 2017 I. PE4/2012 (Allocation of coal blocks during 1993-2005) 1. It is stated that enquiry into all 43 coal blocks have been completed. In fact there were initially 45 coal blocks under consideration, but two coal blocks relate to Government Dispensation Route. These are, therefore, not considered under this heading. 2. 12 coal blocks which are additional to the 43 coal blocks were de-allocated before 2005. Documents are available only with regard to 5 of these coal blocks. Field enquiries have been completed in respect of these 5 coal blocks and further progress is awaited. These are, therefore, not considered under this heading. 2. 12 coal blocks which are additional to the 43 coal blocks were de-allocated before 2005. Documents are available only with regard to 5 of these coal blocks. Field enquiries have been completed in respect of these 5 coal blocks and further progress is awaited. Learned counsel says that the status with regard to the remaining 7 coal blocks will be specifically given in the next status report. 3. In respect of 43 coals blocks, CBI had registered 16 regular cases covering 21 coal blocks. Enquiry has been closed in respect of the balance 22 coal blocks. This has the approval of the Chief Vigilance Commissioner. 4. With regard to the status of the 16 regular cases, the position is stated to be as follows: (a) final report has been filed = 7 cases (b) investigation is complete but final report is yet to be filed = 1 case (c) Prosecution sanction is awaited = 1 case (d) Field investigation is complete but comments and scrutiny awaited = 6 cases (e) Under active investigation = 1 case II. PE2/2012 (Allocation of coal blocks during 2006-2009) This pertains to 168 companies and the present status is as follows: (a) final reports have been filed Out of this, convictions have been recorded in 4 cases. Remaining are still pending. = 29 (b) Investigation is complete, but final report is yet to be filed = 1 (c) Letters Rogatory are pending adjudication = 2 (d) Field investigation is complete and evidences under scrutiny = 1 III. PE5/2012 (Coal block allocation through Government Dispensation Route) 1. Enquiry is complete in respect of 101 coal blocks and final orders have been received. 2. 6 FIRs have been registered in respect of 16 coal blocks. No case is made out in respect of 85 coal blocks for which there is agreement with the Central Vigilance Commissioner. 3. Status of the 16 coal blocks and the 6 FIRs is as follows: (a) Final report filed = 2 (b) Final orders received, but final report yet to be filed = 1 (c) Letters Rogatory pending adjudication = 2 (d) Case under investigation = 1 Reg. Affidavit of Chief Secretary, Government of West Bengal The Chief Secretary of the State of West Bengal has filed an affidavit along with certain documents. Affidavit of Chief Secretary, Government of West Bengal The Chief Secretary of the State of West Bengal has filed an affidavit along with certain documents. It is the contention of the Chief Secretary that full assistance is being given to the CBI in respect of the investigations. Mr. Cheema may examine the documents filed by the State of West Bengal. It is stated by Mr. Cheema that there are certain documents that are required from the State of West Bengal. These are as follows: (i) The files in which the application for Tara (East) coal block to Ministry of Coal, was processed by WBSEB; (ii) The files relating to WBSEB, in which the proposal of M/s EMTA to form a JV with WBSEB was processed; (iii) The files in which the application for coal blocks namely Tara (West), Barjora, Gangaramchak, Gangaramchak Bhadulia and Pachwara (North) was processed by WBPDCL; (iv) File in which the formation of JV with EMTA in respect of mining of the above mentioned coal blocks was processed at WBPDCL; (v) File No.C-VI/5S-53/95 of Department of Power & NES, Govt. of West Bengal, as found mentioned at notesheet page No.36 of this department file No.C-VI/5S-10/2004 (R.F.C.-VI/5S-02/94). 8. Mr. K.V. Vishwanathan, learned senior counsel appearing on behalf of the State of West Bengal will verify whether these documents have been supplied and if they have not been supplied, they will be supplied at the earliest so that there is no delay in the investigations. 9. Mr. Vishwanathan says that the State of West Bengal will extend full cooperation. 10. In view of the assurance given by Mr. Vishwanathan, no further orders are required to be passed in respect of the State of West Bengal. Reg. Status report with regard to the investigations being conducted by the Special Investigation Team pertaining to Mr. Ranjit Sinha, former Director, CBI 11. The Status report has been handed over by Mr. Cheema in Court today. 12. He has drawn our attention to a few relevant paragraphs of the status report. He says that substantial progress has been made and he will report back to us on the next date of hearing in March, 2018.