Supreme Court orders setting up of special court to try coalgate cases

The name of senior advocate Gopal Subramanium, who has recently withdrawn his consent for elevation to Supreme Court as judge after the Modi government's reservation against him, was on Friday suggested as "first choice" for the appointment as special public prosecutor (SPP) in the coal block allocation scam before the trial court.

Directing the Delhi high court to nominate a special additional special sessions judge (in other words setting up of a special court) for the cases pertaining to coal block allocation, the apex court asked the petitioner advocate Prashant Bhushan, who suggested Subramanium's name, and also the counsel for CBI and Centre to give the name after taking consent of the former solicitor general.

"The special court will deal with the cases arising out of the investigation conducted by the CBI and Enforcement Directorate for the offences under various sections of IPC, Prevention of Corruption Act and Prevention of Money Laundering Act," the bench headed by Chief Justice R M Lodha said and asked the high court to inform it by July 25 after setting up the special court.

The bench also asked all the parties in the case to hold consultation for unanimous choice on the appointment of SPP, for conducting the trial of cases arising out of the probe in the coal blocks allocation scam.
"We want a person of impeccable integrity and with free legal mind," the bench said adding you persuade Subramanium who is the first choice among others and inform the court for appropriate order.

"If I failed in something, you (lawyers appearing in the matter) persuade him," Justice Lodha, who had earlier expressed his displeasure that Subramanium preferred to make his decision (withdrawing his consent for elevation to the top court) public when he was on an overseas assignment, said.

Bhushan said Subramanium was appointed as special public prosecutor earlier in some sensitive cases including parliament attack case in 2001.

While deliberations on the issue of prosecutor were underway, newly-appointed Solicitor General Ranjit Kumar was in agreement with the chief justice over Subramanium as SPP in the coal blocks allocation scam cases, said he will take the suggestion to the Attorney General's notice and inform the court.

The court said 'consent' of the person would be necessary for considering him as special prosecutor and it should not be restricted to the lawyers practising only in Delhi.