In a relief to former Prime Minister Manmohan Singh, the Supreme Court on Wednesday, stayed the trial court order summoning him as accused in a case pertaining to the grant of a coal block to a private company, Hidalco, in 2005.

The stay, came after senior counsel Kapil Sibal questioned the legality of the summons to the former Prime Minister, contending that allocation of a coal block was an administrative act without any criminal intent.

The summons that Sibal was referring to was one that a Special CBI court had issued on March 11, which stated that prima facie it was clear that the criminal conspiracy, which was initially conceived by Hindalco and its two officials, was carried out further “by roping in the then Minister of Coal, Manmohan Singh”.

It had said that Singh’s approval to allocate coal block to Hindalco “prima facie facilitated windfall profits” to the private firm resulting in loss to state-owned PSU Neyveli Lignite Corporation Ltd.

“I must confess that I have not been able to find out what is the illegal act done in the case,” Sibal said in the beginning  of the 35-minute proceedings.

Referring to the essential ingredients for committing an offence, Sibal said that there had been no reference of meeting of minds to commit an illegal act by the accused persons.

Where is the criminal conspiracy? Is it an offence to grant coal mines to a private sector company?
– Kapil Sibal

Sibal said a decision may be “right or wrong” but it cannot be said to be an illegal act and the trial court order does not stand the scrutiny of public reasoning.