LI Network
Published on:18 July 2023 at 11:20 IST
Former Coal Secretary HC Gupta, ex-Rajya Sabha MP Vijay Darda, and five others have been convicted by a Delhi court in a coal scam case. The court rejected the closure report filed by the CBI on April 15, 2014, stating that there was active collusion between the private company involved and government officials.
The case revolves around the allocation of a coal block in Chhattisgarh, where irregularities and misconduct were discovered. Special CBI judge Sanjay Bansal pronounced the verdict on Thursday, finding HC Gupta, Vijay Darda, IAS officers KS Kropha and KC Samria, Devender Darda (Vijay Darda’s son), JLD Yavatmal Energy Pvt Ltd, and its Director Manoj Kumar Jayswal guilty of offenses under Sections 120B (criminal conspiracy) and 420 (cheating and dishonestly inducing property delivery) of the Indian Penal Code, as well as Section 13(1)(d)(ii) of the Prevention of Corruption Act.
The court further held M/s JLD Yavatmal Energy Pvt. Ltd., Manoj Kumar Jayaswal, Vijay Darda, and Devender Darda guilty and convicted them under Section 420 of the IPC. Additionally, HC Gupta, KS Kropha, and KC Samria were held guilty and convicted under Section 13(1)(d)(iii) read with Section 13(2) of the PC Act. However, HC Gupta was acquitted of charges under Section 409 of the IPC and Section 13(1)(c) of the PC Act.
This marks the 13th conviction in the coal scam. The case involves the allocation of coal blocks that were advertised in 2006. It was alleged that JLD had concealed crucial information in its application to secure an unfair advantage in the allocation of the coal block. The court found evidence of active collaboration between JLD’s executives and Ministry of Coal (MoC) officials—Gupta, Kropha, and Samria.
At the time, Gupta served as Coal Secretary and Chairman of the Screening Committee, Kropha was a Joint Secretary in the MoC and Member Convener of the Screening Committee, and Samria held a position in the MoC. The allegations suggested that all applications were received in Samria’s office, and his office oversaw the entire process of processing the applications and allocating the coal blocks.
Initially, the CBI filed a closure report on April 15, 2014, stating that no criminal conspiracy or cheating had taken place. However, this report was rejected by the presiding judge in November 2014. The judge concluded that private parties had engaged in cheating, with the active involvement of MoC officials.
In a lengthy order spanning over 400 pages, the court determined that the accused company had made misrepresentations and dishonestly induced the Government of India. The court noted that the accused individuals’ fraudulent actions and deceptive inducement led to the allocation of the coal block to the company.
Regarding the role of public servants, the court emphasized that they are responsible for their actions. While the guidelines issued by the MoC to govern the allocation of captive coal blocks may not be considered legal under Article 13 of the Constitution, they were binding on the officers. The court stressed that the MoC officers could not claim discretion in deviating from the guidelines when allocating the coal blocks. The guidelines aimed to regulate the exercise of discretion and prevent unreasonable, arbitrary, or illegal actions.
The court further emphasized that allocating a coal block to an ineligible company goes against public interest. The actions of the three officers clearly demonstrated their efforts to favor JLD in recommending the allocation of the coal block.
The sentencing of the convicted individuals will be decided on July 18.
