Madhu Koda convicted in coal block allocation scam case

By: Express Web Desk | New Delhi | Updated: December 13 2017 10:55 am Former Jharkhand Chief Minister Madhu Koda Related News Coal scam: SC seeks status report on probe into charges against CBI ex-chief Ranjit SinhaCoal scam: ED to file prosecution complaint against Jindal Steel and PowerSupreme Court asks CBI ED to expedite probe in coal allocation scam casesA special Central Bureau of Investigation (CBI) court on Wednesday held former Jharkhand chief minister Madhu Koda former Coal Secretary H C Gupta former Jharkhand Chief Secretary Ashok Kumar Basu and one other as guilty in the coal scam case. The sentencing in the case is likely to take place tomorrow. The case pertains to alleged irregularities in allocation of Rajhara North coal block in Jharkhand to Kolkata-based Vini Iron and Steel Udyog Ltd (VISUL). Special CBI Judge Bharat Parashar had earlier directed all the accused to remain present in court on the day of judgment. Besides Koda Gupta and the firm the other accused in the case include A K Basu two public servants namely Basant Kumar Bhattacharya and Bipin Bihari Singh VISUL s Director Vaibhav Tulsyan Koda s alleged close aide Vijay Joshi and chartered accountant Navin Kumar Tulsyan. The court had earlier granted bail to eight accused after they had appeared before it in pursuance to the summons issued to them. They were summoned as accused after the court took cognizance of alleged offences under sections 120-B (criminal conspiracy) read with 420 (cheating) and 409 (criminal breach of trust by public servants) of the Indian Penal Code (IPC) and under the provisions of the Prevention of Corruption Act. The CBI during the arguments alleged that the firm had applied for allocation of Rajhara North coal block on January 8 2007. It said although the Jharkhand government and Steel Ministry did not recommend VISUL for coal block allocation the 36th Screening Committee recommended the block to the accused firm. The investigating agency also said that Gupta who was chairman of the screening committee had allegedly concealed facts from then Prime Minister Manmohan Singh who then headed the Coal Ministry too that Jharkhand had not recommended VISUL for allocation of a coal block. Koda Basu and two accused public servants conspired to favour VISUL in the coal block allocation the CBI added. The accused have refuted the allegations levelled against them. With PTI inputs For all the latest India News download Indian Express App IE Online Media Services Pvt Ltd More Related News Coal scam case: Naveen Jindal others granted bail by special court Coal scam: Court directs CBI to respond to Prakash Javadekar s plea Tags: Coal Scam New Delhi: A special court in Delhi today held former Jharkhand Chief Minister Madhu Koda former Coal Secretary HC Gupta guilty of corruption in the Jharkhand coal scam case related to alleged irregularities in the allocation of the Rajhara North coal block in Jharkhand to Kolkata-based Vini Iron and Steel Udyog Ltd (VISUL). The special CBI court will hear arguments on the quantum of punishment tomorrow.Besides 46-year-old Koda Mr Gupta and the firm the other accused in the case included former Jharkhand Chief Secretary AK Basu two public servants VISUL s director Koda s alleged close aide Vijay Joshi and a chartered accountant.The court however acquitted VISUL s director Vaibhav Tulsyan and public servants Basant Kumar Bhattacharya and Bipin Bihari Singh and chartered accountant Navin Kumar Tulsyan of all charges.During arguments the CBI alleged that the firm had applied for allocation of Rajhara North coal block on January 8 2007. It said although the Jharkhand government and Steel Ministry did not recommend VISUL s case for coal block allocation the 36th Screening Committee recommended the block to the accused firm.The CBI said that Mr Gupta who was the chairman of the screening committee had allegedly concealed facts from then Prime Minister Manmohan Singh who then headed the Coal Ministry too that Jharkhand had not recommended VISUL for allocation of a coal block.Mr Koda Mr Basu and two accused public servants conspired to favour VISUL in the coal block allocation the agency added. The accused had refuted the allegations. In a decision intended to end the inordinate delay in the prosecution of politicians in criminal cases the Centre has decided to set up special courts to deal exclusively with cases against 1 581 MPs and MLAs with the aim of disposing of them in a year. The Centre s decision conveyed to the Supreme Court on Tuesday could be a setback to politicians who despite facing serious charges have remained members of Parliament and state assemblies due to time consumed in trials. Such cases will fall in the purview of special courts and their fate will be decided expeditiously. Complying with the SC direction to the Centre to set up special courts for lawmakers facing criminal charges the Centre said 12 courts would be constituted. Two special courts would handle cases against 228 MPs and the other 10 would be set up in 10 states Andhra Bihar Karnataka Kerala MP Maharashtra Tamil Nadu Telangana UP and Bengal where the number of MLAs booked for criminal acts is more than 65. There are several high-profile cases against leaders from almost all political parties regional and nationalwhere investigations have dragged on for years and those facing trial have evaded prison. The CBI has filed several cases against RJD leaders Lalu Prasad Rabri Devi and Tejashwi Yadav as also against Trinamool Congress MPs in the Narada case. Ousted AIADMK leader Sasikala was convicted earlier this year in a 21-year-old case and her nephew TTV Dhinakaran has been charged with allegedly trying to influence an Election Commission decision. The BJP s Maharashtra leader Eknath Khadse is being investigated in a land deal case. Congress leader Jayanthi Natarajan has been booked in an environment clearance case while DMK leaders Kanimozhi and A Raja await verdict in the 2G scam case. Congress leader and former MoS for coal Santosh Bagrodia faces trial in a coal allocation case. NCP leader Ajit Pawar is facing an investigation in irregular irrigation contracts. Centre set aside Rs 8 crore to fast-track trials The government placed the scheme framed by it before the court and said Rs 7.80 crore had been earmarked for its execution. It said the number of special courts to be constituted was decided on the presumption that each court could dispose of 165 cases per annum and 12 courts would bring the longpending cases against MPs and MLAs to zero. Disposing of 1 581criminal cases involving political persons within a time frame of one year as directed by the SC is the aim as well as the objective of the scheme... On December 8 the department of expenditure in the ministry of finance gave inprinciple approval the government said in its affidavit. The total number of cases against 1 581 tainted politicians is around 13 680. The Centre said in states where the number of cases against MLAs was less than 65 these could be tried by existing fast-track courts.The Centre filed its affidavit in compliance with an SC order which directed it to frame a scheme while hearing a PIL filed by Ashwini Kumar Upadhyay seeking a lifetime ban on convicted lawmakers from electoral politics. After the EC for the first time favoured a lifetime ban on convicted MPs and MLAs from contesting polls SC had asked the government to urgently set up special courts to ensure that trials of lawmakers were completed within a year as laid down by the SC in 2015. New Delhi: The Supreme Court on Tuesday asked the government to consider legislating on setting up of new fast-track courts to expedite criminal case trials against parliamentarians and legislators. The apex court bench which was given the names of seven Lok Sabha MPs and 98 MLAs across the country by the BDT whose assets had seen a substantial hike in between two elections also said it had perused the names of these politicians and will examine the issue.It said Parliament had the competence to come up with a law and create necessary infrastructure for setting up of such courts for speedy disposal of cases against lawmakers. With regard to MPs and MLAs it falls under the domain of Parliament. It has the necessary competence to come up with a law. Make law and create necessary infrastructure a bench of Justices J Chelameswar and S Abdul Nazeer said.Representatioal image. APThe bench said that legislature and Parliament have been coming up with new laws which create different rights and obligations that lead to more cases before the courts. Every time Parliament and assembly makes a law it creates rights and obligations resulting in more cases which are dealt with by the same set of courts. Expect for some specific tribunals no new courts have come up. You (Centre) should create new courts and infrastructure as at present the Government of India is spending only one or two per cent of the budget (judicial system) it said adding that this would also reduce the huge pendency.The apex court said that inadequate infrastructure in the courts was resulting in pendency and said that Parliament should pass laws and create fast-track courts for speedy disposal of such cases against the lawmakers. Attorney General KK Venugopal agreed that fast-track courts were the need of the hour and said that some such courts have in the past done an excellent job and several people especially those in jails were benefitted by the system.The court s remarks came on a plea filed by an NGO Lok Prahari for creating a permanent mechanism to investigate candidates whose assets have grown disproportionately during their tenure as MLAs or MPs. The plea claimed that the candidates while filing their nomination papers were disclosing their assets assets of their spouse children and other dependents but they do not reveal the sources of income. The bench which reserved its verdict on the plea said that Centre should stop giving direction to the states for setting up special fast-track courts and instead come up with a law to deal with it.The AG agreed with the view and said the Centre cannot direct the states saying you have to do this or that and instead can only issue advisories from time to time.The court observed that if a person elected in 2014 as an MP files an affidavit in 2019 elections showing his assets increased exponentially say 10 times or five times then the source of such assets needs to be investigated. Venugopal said that CBDT was serious about the matter and in arrangement with Election Commission of India it does investigate the affidavits filed by the candidates if there are any discrepancies. Given that revenue augmentation is the primary concern of the Income Tax department and since increasingly the department is graduating towards non-intrusive methods the verification of election affidavits is carried out in respect of specific category of such cases as per agreed parameters between ECI and CBDT he said.The AG said if the verification by the investigation directorate shows that on comparison of information contained in the affidavits with the returns of income and on further enquiries there is a case for assessment of income that escaped taxation the matter is referred to the jurisdictional assessing officer.The bench expressed satisfaction with the probe done by CBDT and suggested that the cases where there is exponential increase in assets the source of such assets needs to be looked into. Venugopal said that once disproportion is found in the assets the sources are looked into by CBDT which is a government department rather a statutory body like the CBI.He said that after the court s intervention in electoral reforms candidates are now bound to file affidavits declaring their assets and criminal cases against them and if there is any false declaration then he is liable to be disqualified. The bench said it had perused the names of politicians against whom investigation by CBDT are underway for acquiring assets disproportionate to their income and will examine the issue.The Central Board of Direct Taxes (CBDT) had on Monday told the apex court that there has been a substantial hike in the assets of seven Lok Sabha MPs and 98 MLAs across the country and discrepancies have been found. The tax department in its affidavit had said that they have probed the allegations by the NGO probed them and have prima facie found that there was a huge increase of assets in case of these lawmakers and the matter would be probed further.The CBDT s affidavit was filed as the apex court had on 6 September taken strong exception to the Centre s attitude of not disclosing information on action taken by it against politicians some of whose assets had seen a massive jump between two elections. The apex court had then observed that though the government was saying that it was not averse to electoral reforms it has not placed the necessary details. Even the information furnished before it in an affidavit by the CBDT was not complete it had added.