Days after former coal secretary H C Gupta, accused in several coal scam cases, said he was ready to "face trial from inside the jail" and withdraw his lawyers, owing to financial difficulties, the ex-bureaucrat on Friday took a partial u-turn and told a special court he will not have a counsel only in one case.
Gupta, currently out on bail, said this after Special CBI Judge Bharat Parashar, who on Friday framed various charges including cheating and criminal conspiracy against him and others in a separate coal scam case involving Vikash Metals and Power Ltd (VMPL), asked him if he intended to move a plea to withdraw lawyers and personal bond and "face trial from inside the jail".
"Are you (Gupta) moving any application (for withdrawing counsel and personal bond) in this case as well?" the court asked.
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Responding to the court's query, Gupta said that his plea in this regard was confined only to the case involving Madhya Pradesh-based Kamal Sponge Steel and Power Ltd (KSSPL) and others and he was firm on his stand to not engage an advocate in this case due to financial difficulties.
"I will continue with my counsel in this (VMPL's) case at this stage," Gupta said.
In a surprising move, Gupta had on August 16 told the court that he intended to "face trial from inside the jail" and withdraw his personal bond to secure bail due to financial difficulties even as he had expressed anguish before the court saying the government should recognise its honest officers and protect them instead of prosecuting them.
He also continued his refusal to accept the court's offer to avail an advocate from New Delhi Legal Aid Services Authority or an amicus curiae appointed by the court.
Friday's development took place while the court framed charges against Gupta, two public servants, private firm VMPL and its two officials in a case pertaining to the alleged irregularities in allocation of a coal block in West Begal.
During the hearing, Gupta told the court that in an RTI reply received from the Ministry of Coal, he has been cleared from all the allegations levelled against him in the coal scam cases.
The court asked him to furnish the document before it.
In May, the court had dismissed Gupta's plea seeking joint trial in several cases against him related to the matter, saying all the matters were at different stages.
On August 8, the Supreme Court also rejected his plea for joint trial.
Eight different charge sheets have been filed against him and the proceedings are going on separately.
During today's hearing, court framed various charges including cheating and criminal conspiracy against Gupta, ex- joint secretary in Ministry of Coal (MoC) K S Kropha, the then Director (CA-I) in MoC, K C Samaria, VMPL, its Managing Director Vikash Patni and its Authorised Signatory Anand Mallick in the coal blocks allocation scam case.
The case pertains to alleged irregularities in allocation of Moira and Madhujore (North and South) coal blocks in West Bengal to VMPL. In September 2012, the CBI had registered an FIR in the case.
The accused pleaded not guilty and claimed trial after which the court fixed the matter for further hearing on September 9.
In this case, CBI's closure report was earlier rejected by the court, asking the probe agency to further investigate it.
While ordering framing of charges in the VMPL case, the court had said "prima facie" offences of criminal conspiracy, cheating and criminal breach of trust by public servants under the IPC and various sections of the Prevention of Corruption Act are made out against the accused.
The judge said, "Charge for the offences u/s 120-B and
for the offences under sections 120-B (criminal conspiracy), 409 (criminal breach of trust by public servants), 420 (cheating) of IPC and also under sections 13(1)(c) and 13(1) (d) (criminal misconduct by public servants) of the PC Act has been framed against all the accused..."
The court said qua substantive offences, charge for the offence under the Prevention of Corruption Act has also been framed against Kropha and Samria.
It said, "Charge for the offence under section 409 IPC and for the offences under PC Act has been framed against accused Gupta."
"Charge for the offence under section 420 IPC has also been framed against accused company M/s VMPL, Patni and Mallick," it said.
Regarding Gupta, CBI had said that lapses in processing the application were found on his part too, but since he had retired, no action was being recommended.
CBI had said that VMPL wrongly claimed that it had been allocated 300 acres of land in Begusarai in Bihar by the Bihar Area Development Authority.
The agency had found that the land was de-allocated and directors of the company failed to inform the screening committee members about it, it had said.
