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Delhi Court Discharges H.C. Gupta and Others in Fatehpur East Coal Block Case

The judge ruled there was no dishonest intent behind a screening panel recommendation that served public interest.

Overview

  • Special Judge Dheeraj Mor of the Rouse Avenue Court on October 31 discharged former Coal Secretary H.C. Gupta, former Joint Secretary K.S. Kropha, R.K.M. Powergen and its two directors in the Fatehpur East allocation case.
  • The court held that alleged irregularities did not establish mens rea, so offences under the Prevention of Corruption Act were not made out against the public servants.
  • The order found no evidence the officials knew of any misrepresentation or accepted forged documents, and it recorded that the company did not make false claims in its application or feedback forms.
  • Citing the collective nature of the 35th Screening Committee’s decisions and the absence of veto power for its chair, the court said the two officials could not be made scapegoats, noting R.K.M. Powergen ranked top on nine of ten parameters.
  • The case ended at the charge-framing stage without trial, marking a fourth recent judicial relief for Gupta and Kropha following two acquittals and an earlier discharge after a 2014 CBI FIR and a later chargesheet.