New Delhi: CBI on Monday alleged that former Coal Secretary HC Gupta had played an "active role" in the conspiracy to allocate a coal block to accused firm Pushp Steels and Mining Pvt Ltd (PSMPL) and violated the guidelines of Ministry of Coal (MoC).
Advancing arguments on framing of charges before a special court, the CBI claimed that the screening committee, headed by Gupta, had recommended allocation of Brahmapuri coal block in Madhya Pradesh to PSMPL despite the fact that the state government as well as Ministry of Steel had not recommended the firm for allocation of the block.
Senior public prosecutor Sanjay Kumar alleged that Gupta had made "wrong representation" to the Prime Minister's Office (PMO) and the recommendation in favour of PSMPL was given, even after then Minister of State for Coal Dasari Narayan Rao had objected to it.
"Despite the fact that Ministry of Steel and Government of Madhya Pradesh had not recommended the firm for allocation of coal block and despite the fact that PSMPL was having a meagre net-worth, the screening committee recommended it (PSMPL) for allocation of coal block," the prosecutor told Special CBI Judge Bharat Parashar.
He further said "the then MoS (Coal) Dasari Narayan Rao, vide his detailed note, had objected to recommendation of coal block to the accused firm and had strongly recommended that the block be recommended to another two applicant firms."
CBI alleged that the object of conspiracy among the three accused, Gupta, PSMPL and its Director Atul Jain, was to get allocation of coal block and for that "unfounded claims" were made in the application submitted by the firm in MoC.
Meanwhile, advocate RK Handoo, who appeared for Jain, told the court that cord of alleged meeting of minds between the accused was not supported by the facts given by CBI.
"The ingredient of criminal conspiracy that is meeting of minds has to be shown by facts and not by interpretation. The charge sheet and submissions given by CBI lacked facts," he argued.
The arguments on charges in the case, pertaining to the alleged irregularities in allocation of Brahmapuri coal block to PSMPL, would continue on Tuesday.
During the arguments, the CBI alleged that these accused had conspired with each other with a view to cheat the government.
Jain's counsel countered CBI's claim contending that the screening committee had only given recommendation for the coal block allocation and the agency was trying to bring in criminality out of the official notes.
The counsel said Gupta was not present in screening committee meetings held on September 7 and 8, 2006 where PSMPL gave its representation and when Gupta was there in the meeting held on September 22, 2006, there was no representation by the firm.
The court had earlier granted bail to Gupta and Jain. It had summoned Gupta, PSMPL and Jain, as accused for their alleged involvement in the allocation of Brahmapuri coal block in Madhya Pradesh to the company which resulted in loss to the government.
CBI had filed its charge sheet in the case on May 20 for alleged offences under section 120-B(criminal conspiracy) read with section 409 (criminal breach of trust by public servant) of the IPC and under relevant provisions of the Prevention of Corruption Act.
According to the agency, PSMPL was allotted coal block on the recommendation by Screening Committee for its proposed Sponge Iron End Use Project in Durg district.
An FIR was lodged against the firm and others in April 2013 and CBI had alleged that PSMPL had misrepresented facts while applying for the coal block.
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