‘Miserably failed to prove…’: Former coal secy Gupta, ex-MP Darda among four acquitted in coal block case

was no more holding the office as a public servant. Moreover, the decision to carry out the exercise of allocating coal blocks was a policy decision, which was taken in accordance with the specific instructions…of the PMO,” said Special Judge Sunena Sharma of the Rouse Avenue Court.

“The prosecution has miserably failed to prove that the impugned recommendation of Screening Committee for allocation of Bander Coal Block in favour of AMR (A-4) led to obtainment of any valuable thing for AMR while Gupta was holding office as a public servant or that the recommendation was made without any public interest…,” Judge Sharma added.

According to the CBI, the accused persons had entered into a criminal conspiracy to cheat the Union Ministry of Coal to procure the allocation in favour of AMR Iron & Steel by adopting various illegal means such as making false claims about previous allocations of coal blocks and misrepresenting claims of having been allotted 370 acres of land in Maharashtra.

The agency had also claimed that the company had misrepresented claims relating to a water tie-up with the Irrigation Department in Maharashtra, with regard to the Wardha River, and had also falsely claimed a net worth of Rs 1,821 crore in order to get the block allocated in its favour.

“As per the applicable guidelines and consistent past practice, there was no impediment or restriction on the allocation of coal block to a company merely because it or its group companies had previously been allocated coal block,” the court said.

While Gupta was represented by advocates Rahul Tyagi and Mathew M Philip, the others were represented by advocate Mudit Jain. Charges under criminal conspiracy along with sections of the Prevention of Corruption Act had been framed against them on July 30, 2019.

As per the CBI, Darda had made various communications to different departments, ministries, and stakeholders on his letterhead wherein all such misrepresentations were reiterated to allegedly influence the government.

Gupta had been accused by the agency of recommending AMR for the coal block allocation despite the irregularities. The allegations pertained to the recommendations by the 36th Screening Committee.

“Committee qua AMR bears no nexus with the letters of Sh. Vijay Darda and in fact, it runs contrary to the contents of the said letters. Sh. Vijay Darda had made a request for exclusive allocation, the 36th Screening Committee recommended Bander Coal Block in favour of AMR jointly with two other companies and that too with only a minor share in its favour,” the court said.

“There is no evidence on record to suggest that said feedback form or the presentation or any of their contents even weighed with or influenced the 36th Screening Committee in recommending allocation of Bander Coal Block to AMR. At the cost of repetition, it is reiterated that the said misrepresentation was not even considered by the 36th Screening Committee while recommending allocation of Bander Coal Block to AMR,” it added.

In August 2012, a report by the Comptroller and Auditor General (CAG) of India had claimed that the exchequer had suffered a loss of Rs 1.8 lakh crore due to irregularities in coal block allocations.

Gupta had 19 cases against him, 11 of which have been decided. He has been discharged in two of these cases and acquitted in three.

There have been five convictions so far, but the sentences in these cases have been stayed by the Delhi High Court.

Nine cases are yet to be decided. Of the pending cases, trial is ongoing in six cases in Rouse Avenue Court, and two have been stayed by the Supreme Court.