Distinction on role of Manmohan in coal scam and 2G scam

A special court which on Wenesday summoned former Prime Minister Manmohan Singh as accused in a coal block allocation scam case took abundant caution in discussing his role and position by keeping in mind the observation of the Supreme Court in 2G spectrum scam in which his name was also raked up.

Special CBI Judge Bharat Parashar said "before adverting further, I would also like to mention by way of abundant caution that I am dealing with the present matter (Talabira coal block allocation) keeping in view the observations of the Supreme Court qua the role of Prime Minister as was observed in the case Subramanian Swamy vs Manmohan Singh and Anr (2G spectrum scam case).

"The Supreme Court, while discussing the role and position of the Prime Minister of the country in the 2G case, observed as under: "By the very nature of the office held by him, Respondent 1 (Prime Minister) is not expected to personally look into the minute details of each and every case placed before him and has to depend on his advisers and other officers.

"Unfortunately, those who were expected to give proper advice to Respondent 1 (Prime Minister) and place full facts and legal position before him failed to do so. We have no doubt that if Respondent 1 (Prime Minister) had been apprised of the true factual and legal position regarding the representation made by the appellant, he would have surely taken appropriate decision and would not have allowed the matter to linger for a period of more than one year."

After taking note of the observation on the role of Prime Minister in the 2G case, the judge said coal block allocation scam stands on a different footing as in the case in hand, Singh was not acting in the capacity of the Prime Minister but as a Coal Minister. "I may, however, state that the present case stands on a different footing as here Dr Manmohan Singh did not act in the capacity of a Prime Minister but as a Minster of Coal.

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Undoubtedly, from the very nature of office held by him, the Prime Minister of a country can not personally look into the minute details of each and every case placed before him and has to depend upon his advisors and other officers.

"However, in the present case, Dr Manmohan Singh chose to keep the Coal portfolio with him and thus prima facie he cannot claim that being Prime Minister he could not be expected to personally look into the minute details of each and every case," the court said.