On May 16, a special court dismissed the Metals and Minerals Trading Corporation of India’s (MMTC) plea seeking the registration of an FIR by the Central Bureau of Investigation in connection with alleged corruption in the import of coal from an Australian company at inflated rates back in 2009. In its observation, the special court stated that the PSU had no prerogative to issue directions to the CBI to register an FIR – this can only be done by the Supreme Court or High Courts of the country.
MMTC had sought directions from the CBI to register an FIR in a matter that is now being investigated by the central probe agency by registering a preliminary inquiry. A preliminary inquiry 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.
The issue arose after a long-term agreement was signed between MMTC and Anglo American Metallurgical Coal on March 7, 2007 for the purchase of freshly-mined and washed cooking coal. It was alleged that the MMTC officials had proposed and sanctioned USD 300 per metric tonne rate for the fifth delivery period between July 1, 2008, to July 30th, 2009, despite being aware of the drastic drop in the price of cooking coal in the wake of Lehman Brothers collapse.
The complainant stated that since the prices of coal were low, the Sale Purchase Committee of Directors should have satisfied itself by agreeing to a price of coal at USD 300 PMT as opposed to the price which was USD 96.40 PMT for the previous delivery period.
MMTC officials said, “It is alleged that the facts of the case constituted a clear case of conspiracy i.e. official of the complainant with the official of Anglo Coal to gain pecuniary advantage to Anglo Coal by abusing their positions and to defraud the exchequer of this country.”
