Coalscam:CBI opposes ex-Coal Secy H C Gupta's plea on sanction

CBI today opposed in a special court the plea by ex-Coal Secretary H C Gupta seeking dropping of proceedings on account of lack of sanction to prosecute him, saying the nature of the act committed by an accused was the deciding factor and sanction was not needed to proceed against him.
Special public prosecutor R S Cheema argued that as per the legal positions settled by the Supreme Court on the sanction issue, offences of criminal conspiracy, cheating, forgery and others cannot be said to be committed in discharge of official duty by a public servant.
"Offences of conspiracy, cheating and criminal breach of trust (under IPC) now do not require sanction and it cannot be said that the offence was committed in discharge of official duty. The nature of offence or the kind of act would be the decisive and determining factor," he told Special CBI Judge Bharat Parashar.

Countering his submissions, senior advocate Aman Lekhi, who appeared for Gupta, said the CBI cannot separate an offence for which prosecution sanction is needed or not.
"If act, duty and offence are taken together then sanction under 197 CrPC (relating to sanction to prosecute government servants) is required," he said.
"Whether there was a dereliction in duty or an act to commit an offence, they (CBI) cannot take it out of the ambit of protection granted under the 197 CrPC," he said, adding, "whatever the offence, no matter how serious, protection (under 197 CrPC) will be there for public servants."

Gupta had earlier told the court that sanction to try him was necessary as allegations levelled against him relates to the work done by him in discharge of his official duty.
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).