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Coal scam: Court to award punishment to ex-coal secy, others on Dec 5

Press Trust of India  |  New Delhi 

A court Monday reserved for December 5 its order on sentencing of former H Gupta, convicted in a case relating to allotment of coal blocks in during the previous UPA regime at the Centre.

The court will also award punishment to five others, including one retired and another serving public servant -- S Kropha and -- held guilty for various offences under the Prevention of Act and Indian Penal Code.

Samria's informed that court that he has been suspended after he was convicted and taken into custody on November 30.

The CBI sought a maximum of seven years imprisonment for the five convicted persons and imposition of heavy fine on the private firm.

The offences for which they have been convicted entail a minimum punishment of one year in jail, going up to a maximum of seven years.

heard for over two hours the arguments on quantum of punishment advanced by the for CBI and convicts.

The court had on November 30 convicted Gupta, former in and the then (CA-I) in the ministry

It had also convicted the firm, and Power Limited, its managing Vikash and its authorised signatory

The for and four other convicted persons sought a lenient sentence. The firm's pleaded that it should not be burdened with fine as it has gone for liquidation and it was yet to meet the liability of debts.

Gupta's B S pleaded that he was 70 years old and suffering from various ailments. He only had his pension given by the central government to support his family, the said, adding that he never tried to take into his hands during the investigation or trial.

The case pertains to alleged irregularities in the allocation of Moira and Madhujore (North and South) coal blocks in to VMPL. In September 2012, the CBI registered an FIR in the case.

CBI prosecutors Sanjay Kumar, Sharma and A P Singh argued that maximum punishment be awarded to the convicts keeping in view the gravity of the offence and its impact on society at large.

They contended that as per the CAG report, a loss of Rs 1.86 lakh crore was caused to the exchequer overall in the entire coal scam.

The prosecutors claimed that during the trial, attempts were made by the accused to undermine the dignity of the court, prosecutors were targeted and prosecution witnesses were harassed and humiliated by the some of the accused and their counsel.

Kropha's lawyer submitted that he was a senior citizen and his retirement benefits were under cloud. He said Kropha was the one whose efforts lead to dismantling of the screening committee and now coal blocks are allocated through the auction process.

50-year-old Samria's counsel urged the court to show mercy while awarding the punishment as he has to support an ailing wife, aged parents and two sons who are studying.

The counsel for 42-year-old sought leniency saying he was the sole bread earner in the family and after allocation of coal block, his company suffered huge loss and now he was struggling to meet daily expenses.

51-year-old Mallick's also submitted that he was the only earning member in the family and there was no one else to pay for his children's studies and that his conduct during the trial was impeccable.

Gupta, who was the from December 31, 2005 to November 2008, has already been convicted before this in two other cases of coal block allocation in which he had been sentenced to jail for two and three years respectively. He is out on bail in both the cases.

Kropha, who was then the Joint Secretary, Ministry of coal, retired in December 2017 as the of He has also been convicted and sentenced to two years in another coal block allocation scam and has been on bail.

then held the rank of in the Ministry of coal and is in He has already been convicted and sentenced to two years jail term in another case and was out on bail.

All the convicted persons were taken into judicial custody after pronouncement of the order on the direction of the court.

All have been held guilty for the offences under Prevention of Act and IPC, including cheating, criminal conspiracy and criminal misconduct.

has been accused in 12 cases of alleged irregularities in coal block allocation scam, prosecutors had said.

The CBI has filed charge sheets in connection with alleged irregularities in 40 cases of coal block allocations during the UPA-1 and UPA-2 regime.

On July 25, 2014, the had approved appointment of Parashar as to exclusively deal with all coal scam cases.

Till now the special court has decided six such cases.

In the present case, the court had on August 19, 2016 framed charges, including cheating and criminal conspiracy against Gupta, the two public servants, the firm and its two officials. They all had pleaded not guilty and claimed trial. All the accused were out on bail.

The other two coal scam cases in which was earlier convicted related to and Power Ltd (KSSPL) and Vini Iron and Steel Udyog Ltd(VISUL). Kropha and Samria were also convicted in KSSPL case.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Mon, December 03 2018. 17:55 IST