Advancing arguments on Gupta's plea seeking dropping of proceedings against him on account of lack of sanction, senior advocate Aman Lekhi said Gupta was the then chairman of the screening committee and had acted in official capacity while sending recommendations to the then Minister of Coal.
"The nature of Gupta's act was sending recommendation and it was completely attached with discharge of official duty," Lekhi told Special CBI Judge Bharat Parashar.
Lekhi argued that Gupta's act under official capacity was covered under section 197 of the CrPC (relating to sanction to prosecute government servants) and the protection under this provision will come into effect in this case.
Gupta's counsel concluded his arguments on the plea and CBI will argue on it tomorrow.
Earlier, the court while summoning the accused in the case had observed that as Gupta had retired from government service, no sanction was required for taking cognizance of offences under the Prevention of Corruption Act.