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Ex-MP, son get 4-year jail term in Chhattisgarh coal block allocation case
Three other convicts in the case, former coal secretary HC Gupta and two senior public officials KS Kropha and KC Samria, were sentenced to three-year jail terms
New Delhi A Delhi court on Wednesday sent former Rajya Sabha MP Vijay Darda, his son Devendra Darda, and businessman Manoj Jayaswal to four years in prison in a case related to irregularities in the allocation of a coal block in Chhattisgarh in 2007.
Three other convicts in the case, former coal secretary HC Gupta and two senior public officials KS Kropha and KC Samria, were sentenced to three-year jail terms.
“The case, which was probed by the Central Bureau of Investigation (CBI), blamed Darda and his son along with Jayaswal, Gupta, Kropha and Samria of concealing information and inducing the Govt. of India to obtain wrongful gain in allocation of coal block.” The coal block was allocated to a company, M/s JLD Yavatmal. Jayaswal is the director of JLD Yavatmal
The court also imposed a fine of ₹15 lakh each on Vijay and Devendra Darda and Jayaswal, and a fine of ₹10,000 each on Gupta, Kropha and Samria. The company, which was made an accused in the case, was also handed a fine of ₹50 lakh.
The court, while pronouncing the sentence took into consideration the age and medical conditions of Vijay Darda, 73, Devendra Darda, 48, and Jayaswal, 68, and found no need to pass separate orders for cases in which the punishment could have ranged between one and seven years.
During the arguments on quantum of sentence, the investigating agency sought the maximum punishment and heavy fines to send a “strong message to white-collar criminals”. It also argued that the convicts committed a serious offence by cheating the government of India.
The defence, however, called for a lenient view as there was no loss to the exchequer since no coal was extracted from the block, and prayed that an opportunity be given to the convicts to reform themselves.
Special judge Sanjay Bansal, while deciding the sentence, observed: “The present case relates to allocation of a coal block. The convicts had obtained the said block by committing cheating with the government. of India. But when the question of actual loss is to be determined, the fact that no coal was extracted cannot be ignored. This aspect has to be kept in mind while calculating the quantum of sentence.”
Earlier this month, the court convicted Vijay Darda and the other accused under IPC sections 420 (cheating and dishonestly inducing delivery of property) and 120B (criminal conspiracy), along with section 13 of the Prevention of Corruption Act.
The court held in its order that Vijay Darda, his son Devendra, the other accused were responsible for misrepresenting facts and inducing the ministry of coal and the Union government to issue allocation letters regarding the Fatehpur East coal block in Chhattisgarh to an ineligible company.
While observing that allocation of coal block in such a manner is against public interest, the court in its July 13 order held that a conspiracy was hatched between the accused, and public officials failed to follow guidelines issued by the Union coal ministry.
Darda served as a member of the Upper House for three terms between 1998 and 2016.
This is the 13th conviction secured by CBI in the coal allocation scam, or “Coalgate”, which rocked then the Manmohan Singh-led United Progressive Alliance government in 2012.
The Supreme Court in 2014 declared allocations of over 200 coal blocks 1993 illegal. In a report in 2012, the Comptroller and Auditor General said several underpriced sales cost the exchequer heavily.
