Chhattisgarh coal 'scam': EOW/ACB submitted forged document in SC, alleges Congress leaders

The Chhattisgarh Congress on Sunday accused the state Economic Offence Wing / Anti-Corruption Bureau (EOW/ACB) of fabricating evidence and manipulating judicial procedures in the alleged coal scam case.

At a press conference here, former chief minister Bhupesh Baghel, the party's state chief Deepak Baij and Leader of Opposition in the assembly Charan Das Mahant alleged that in matter of the bail of an accused, Suryakant Tiwari, the EOW/ACB submitted a document containing a forged statement under Section 164 of the CrPC of co-accused Nikhil Chandrakar before the Supreme Court.

Under Section 164 of Code of Criminal Procedure (CrPC), which is now section 183 of Bharatiya Nagarik Suraksha Sanhita (BNSS), the statement of an accused or witness is recorded before a magistrate. It is also known as a written (or recorded) statement, and it is considered a confidential document, the Congress leaders said.

"The font used in Chandrakar's statement under section 164 of CrPC was different from the official font used in the court. So, where did this font come from and who introduced it? It is clear the statement was pre-typed and brought by the officers of the state EOW/ACB on a pen drive in the court and not recorded by a magistrate as required by law," Baghel alleged.

The forensic analysis showed the use of two different fonts, proving the document was not created in court, Baghel added.

"Senior Congress leader and advocate Girish Chandra Dewangan has filed a complaint before Chief Judicial Magistrate, Raipur, seeking criminal action against three EOW/ACB officers. As per the complaint, these officers fabricated or pre-prepared statements to be recorded under CrPC section 164 and later used them as genuine documents in the ongoing investigations and before the Supreme Court," Baghel alleged.

On September 12, Dewangan had also filed a complaint before the Registrar (Vigilance) of Chhattisgarh High Court in this regard, he said.

Agencies like Enforcement Directorate, Central Bureau of Investigation, Directorate of Revenue Intelligence and Income Tax department etc are functioning at the behest of their political masters, and their targets are mainly members of the opposition parties, Baghel added.

"Gradually, even a respected institution like the Election Commission has become a matter of embarrassment. Until now, the judiciary appeared largely free from pressure, but this single incident has raised serious questions. The entire matter must be investigated thoroughly and a criminal case should be registered against the three EOW/ACB officials," Baghel said.

In January last year, the state ACB/EOW registered a case in the alleged coal levy scam based on information shared by the Enforcement Directorate, which is probing the money laundering angle in it.

In the FIR lodged under Prevention of Corruption Act and Indian Penal Code, the ACB/EOW had named 35 persons as accused.

These include former minister Amarjeet Bhagat, incumbent Congress MLA Devendra Yadav, former Congress MLAs UD Minj, Gulab Kamro, Chandradev Prasad Rai, Shishupal Sori, and Brihaspat Singh and suspended IAS officers Sameer Bishnoi and Ranu Sahu.