NEW DELHI: A special court in Delhi on Saturday awarded three-year jail term to former Jharkhand CM
Madhu Koda in a
coal scam case.
Koda, ex-coal secretary H C Gupta, and three others were convicted for irregularities in the allocation of Rajhara North coal block in Jharkhand to Kolkata-based private company,
Vini Iron and Steel Udyog Ltd (VISUL).
Special Judge
Bharat Parashar termed the case as "classic conspiracy" between Koda, his aide Vijay Joshi, former coal secretary H C Gupta, ex-Jharkhand chief secretary A K Basu and the firm Vini Iron and Steel Udyog Ltd (VISUL).
"It is crystal clear that VISUL was used as a vehicle to further their ill intention by Koda and Joshi so as to procure allocation of a captive coal bock in favour of the firm," the court said.
"A well planned conspiracy was worked out by Joshi and Koda and they even succeeded in achieving the final objective of the conspiracy i.e. obtaining allocation of a captive coal block from Ministry of Coal in favour of M/s VISUL."
It said that Koda was "personally interested" in the affairs of VISUL and hance the things moved as per his wishes and desires and that of his known close associate Joshi, who had taken over the company from its earlier owners.
The court noted that Basu agreed to assist by his "overt acts" Koda and Joshi in procuring allocation of the coal block in favour of VISUL and joined the Screening Committee meeting held on July 3, 2008 with a "pre-determined intention of helping VISUL in procuring allocation of a coal block."
Regarding Gupta, the court said he "also boarded the bandwagon of criminal conspiracy as was floated by Koda and Joshi and which was being propelled by Basu in the Screening Committee meeting."
VISUL was earlier consciously not recommended by the Jharkhand Government to the Coal Ministry as its requirement of coal was not found to be sufficient, the court noted.
It said that Koda "cannot say that he simply signed on the dotted lines in the files" put up before him by his officers.
"In fact it will be an act of constitutional blasphemy, if one was to say that an Act or rules and regulations made thereunder confers unfettered discretion on a minister or on the officers responsible under the Act to implement it or to implement the rules and regulations made thereunder. Unfettered discretion ceases to exist where the rule of law reigns," the court said.
(With inputs from agencies)
