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Coal Scam Case: Delhi Court delivers a major verdict, acquitting former Coal Secretary HC Gupta and several others accused in the case.

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December 12, 2024
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Coal Scam Case: Delhi Court delivers a major verdict, acquitting former Coal Secretary HC Gupta and several others accused in the case.
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A Central Bureau of Investigation (CBI) court in Delhi on Wednesday acquitted former Secretary of the Union Ministry of Coal (MoC) HC Gupta, along with senior MoC officials KS Kropha and KC Samaria, in a 2012 corruption case related to the Coal scam (CBI v Y. Harish Chandra Prasad & Ors.).

The officials were accused of conspiring to grant undue advantage to M/s Navabharat Power Pvt. Ltd. (NPPL) in allocating coal blocks in Odisha. Allegations included failing to scrutinize the company’s false claims and misrepresentations.

Special Judge Sanjay Bansal dismissed charges against the three officials under the Prevention of Corruption Act, 1988 (PC Act) and the Indian Penal Code (IPC). The court also acquitted NPPL, its Managing Director Y. Harish Chandra Prasad, and Chairman P. Trivikrama Prasad, citing a lack of evidence to establish criminal conspiracy or misrepresentation.

The judgment highlighted that NPPL’s application was deemed complete and eligible by various government authorities, including the Ministry of Power (MoP) and the State Government of Odisha. “No offence under Section 13(1)(d)(iii) of the PC Act is made out against any accused public servants,” the court stated.

Regarding NPPL and its officials, the court concluded that the prosecution failed to prove any conspiracy related to misrepresentations. “When the application is complete, the company is eligible, and no misrepresentations are made, the question of conspiracy does not arise. Therefore, all accused are acquitted of all charges,” the court observed.

The case stemmed from allegations that NPPL had secured coal blocks at Rampia, Dipside of Rampia, and Mandakini in Odisha by falsely claiming financial strength, including inflated net worth and land holdings. These claims, allegedly authorized by Chairman P. Trivikrama Prasad and executed by Y. Harish Chandra Prasad, were central to the allocation criteria. The prosecution contended that MoC officials failed to scrutinize these claims, enabling an undue advantage for NPPL.

After reviewing evidence and arguments, the court acquitted all six accused individuals.

The MoC officials were represented by advocates Rahul Tyagi and Mathew M. Philip. NPPL’s MD Y. Harish Chandra Prasad was represented by advocates Shri Singh Yogesh Raavi, Bhawani Gupta, KV Pawan Kumar, and Surabhi Vaya. Advocates Arshdeep Singh Khurana, Faraz Maqbool, Akshat Gupta, Chandan Kumar, Sulakshan S. Vedartham, Manan Khanna, and A. Sahitya Veena represented NPPL’s Chairman P. Trivikrama Prasad. Advocate Sanjay Abbott represented NPPL as a company.

The CBI was represented by Special Public Prosecutor (SPP) and Senior Advocate RS Cheema, along with advocates Akash and Akshay Nagrajan and Public Prosecutor VK Pathak.

Notably, in July 2023, the same MoC officials were convicted in another coal scam case and sentenced to three years with fines of ₹10,000 each. However, the Delhi High Court granted them bail in August 2023 pending appeal.

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