"Gupta was the then chairman of screening committee. There were other members in the committee and the recommendation was unanimous," say his lawyers.
Former Coal Secretary HC Gupta on Wednesday told a special court that sanction to prosecute him in a coal scam case was necessary as allegations levelled against him related to work done by him in discharge of his official duty.
Advancing arguments on Gupta's plea seeking dropping of proceedings against him on account of lack of sanction, senior advocate Aman Lekhi said Gupta was the then chairman of the screening committee and had acted in official capacity while sending recommendations to the then Minister of Coal. "The nature of Gupta's act was sending recommendation and it was completely attached with discharge of official duty," Lekhi told Special CBI Judge Bharat Parashar."Gupta was the then chairman of screening committee. There were other members in the committee and the recommendation was unanimous. The recommendation was sent to the Minister. So, this is an act under discharge of official duty," he said.
Lekhi argued that Gupta's act under official capacity was covered under section 197 of the CrPC (relating to sanction to prosecute government servants) and the protection under this provision will come into effect in this case. Gupta's counsel concluded his arguments on the plea and CBI will argue on it tomorrow.
Earlier, the court while summoning the accused in the case had observed that as Gupta had retired from government service, no sanction was required for taking cognizance of offences under the Prevention of Corruption Act. The case pertains to alleged irregularities in allocation of Amarkonda Murgadangal coal block in Jharkhand to two Jindal group companies, Jindal Steel and Power Ltd (JSPL) and Gagan Sponge Iron Private Ltd (GSIPL).
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