Coal scam: Ex-Coal Secy withdraws plea to face trial from jail

Former Coal Secretary H C Gupta, accused in several coal scam cases, today took a U-turn in a city court by withdrawing his plea seeking to take back his bail bond on the grounds that he had no money to hire a lawyer and would fight the case from jail.
Gupta, in his plea, had sought to withdraw his personal bail bond in a case involving MP-based Kamal Sponge Steel and Power Ltd and others and as a result, his bail would have got cancelled. However, the former bureaucrat today apologised and withdrew his application filed on August 16.
Special CBI Judge Bharat Parashar allowed Gupta's plea to withdraw the application in which he had submitted that he was facing financial constraints and could not manage the advocate's fees from his pension.

In his plea, Gupta today said he wanted to withdraw the earlier application as he was advised by public servants and retired officers to follow the legal procedure.
"A large number of distinguished public servants, including those who retired at the highest levels in their respective services have advised me to follow the normal legal procedure and practices in such cases.
"They have also pointed out the larger implications of my earlier decision for the overall system of governance and advised me to take back the application. A number of well- wishers have also similarly advised me to withdraw the application," Gupta said in his fresh plea.

He also expressed gratitude towards the court for explaining to him the legal aspects and offering him free legal aid, saying, "Your honour has been kind enough to ask me to reconsider the decision to facilitate better adherence to the due process of law and had kindly offered to arrange legal counsel free of cost from legal aid or at state expense."

"You (judge) had taken the trouble to explain various aspects to me in detail and had also spoken to my family in this regard," he said, adding "I have reconsidered my earlier application in the light of the above and being mindful of your views and also of those public servants and well-wishers, I have decided to withdraw the submissions in this regard made by me on August 16."

The court, after extensive enquiry from him and his
family members about the reasons for filing such a plea, had said he could be provided legal services from New Delhi Legal Aid Services Authority or an amicus curiae can be appointed on his behalf. Gupta had then refused to avail of such services.
Despite being given time by court to rethink on his plea, he had maintained his stand then, saying "government gives pension which is good enough to live a retired life but there is no way that fees of advocates can be paid in such large number of cases from pension. Moreover, I don't want to have an advocate whose fee I cannot pay. I don't want to take such obligation at this stage of my life."

Gupta had also said in his application that "coal block allocation was no scam."
Regarding his fellow bureaucrats in the coal ministry, Gupta said that officials who worked with him during the coal blocks allocation had "unimpeachable integrity" but many of them were facing trial now.
"I would urge the government to think of these officers who are still in service and are facing trials. They have no money to hire the services of advocates. I think it is time the government recognises its honest officers and protects them rather than prosecuting them," he had said.
The court, which is currently recording the statements of defence witnesses in the case, had earlier granted bail to Gupta, the then Joint Secretary of Coal K S Kropha, the then Director (Coal Allocation-I section) K C Samaria and two officials of KSSPL in the case.

In May, the court had dismissed Gupta's plea seeking joint trial in several cases against him in related to the matter, saying all the matters were at different stages.
On August 8, the Supreme Court has also rejected his plea for conducting joint trial in the cases in which he has been arrayed as an accused.