A special court today issued notices to former Minister of State for Coal Santosh Bagrodia and various other accused for their reply on a plea filed by a businessman seeking joint trial in three separate coal scam cases pending against him.
Businessman Manoj Kumar Jayaswal is accused in three cases pertaining to alleged irregularities in allocation of coal blocks to AMR Iron and Steel Pvt Ltd, JLD Yavatmal Energy Pvt Ltd and JAS Infrastructure and Power Ltd, which is now known as Jas Infrastructure Capital Pvt Ltd (JICPL).
He has sought joint trial in these three cases saying the FIRs were "closely knitted" and the alleged offences pertained to same transaction.
During the hearing on his plea, advocate Vijay Aggarwal, who appeared for Jayaswal, told the court that all these three cases were at the stage of arguments on framing of charges and if these matters are heard separately, it would be a time- taking process.
"The investigating officer in these cases are same. The stage is same, the allegations are same and even the judge hearing these matters is same," Aggarwal told Special CBI Judge Bharat Parashar.
However, the court told the counsel, "I cannot pass any order without hearing all the parties."
"As there are a number of other accused persons in the above mentioned three cases and some of whom are not even common in all the aforesaid three cases, so before proceeding to hear on the present application, I deem it appropriate to issue notice to the accused persons who have been arrayed as accused in all the three cases," the judge said.
"Accordingly notice be issued to all the accused persons of the three cases....For January 28, 2016," the court said, adding, "Let reply, if any, be filed by the other accused persons on January 28, 2016 i.E. The date when the other two cases are already listed."
In the AMR Iron and Steel Pvt Ltd case, Bagrodia, Rajya Sabha MP Vijay Darda, his son Devendra Darda are accused along with others.
The Dardas are also accused with Jayaswal in JLD Yavatmal's case while ex-Coal Secretary H C Gupta is facing prosecution in all these three cases.
During the hearing, Jayaswal's lawyer told the court that three firms AMR, JICPL and JLD, and Dardas have no objection to his plea seeking joint trial in these cases.
The court also heard another plea filed by AMR, in which the firm has sought summoning of two public servants, Ashish Gupta and V S Rana, as additional accused in its case.
It, however, said that it would be appropriate to decide the plea after disposal of Jayaswal's application.
Gupta was posted as a director in the Prime Minister's Office during 2006 and 2009 while Rana was a Deputy Secretary in the Home Ministry last year.
In his plea seeking joint trial, Jayaswal has said that his defence in these three cases was same and if these matters are not tried jointly, then it would prejudice him.
"The applicant (Jayaswal) very respectfully submits before this court that all the aforesaid cases/FIRs are closely knitted and related to each other and in all the cases the applicant has been arrayed as one of the accused," it said.
The AMR's case pertains to the alleged irregularities in allocation of Bander coal block in Maharashtra to the firm while JLD's case relates to allocation of Fatehpur (East) coal block in Chhattisgarh.
JAS firm was allotted Mahuagarhi coal block in Jharkhand.
All the accused in these three cases were earlier granted bail by the court and these matters are fixed for commencement of arguments on framing of charges.
