Coalscam: Court discharges Vijay Darda, ex-MoS Santosh Bagrodia, other accused in case of influencing probe

New Delhi, A Delhi court on Monday discharged former Minister of State Santosh Kumar Bagrodia, former Rajya Sabha member Vijay Darda and others in a 2017 case of allegedly influencing probe in a coal scam case.

Special Judge Arun Bhardwaj said there was no sufficient evidence to prosecute Bagrodia, Darda, his son and MD of Lokmat Media Group Devendra Darda and former Additional Legal Advisor of the CBI K Sudhakar.

The CBI had alleged that its former Director Ranjit Sinha and Sudhakar entered into a criminal conspiracy with Dardas and Bagrodia and made writings on the files and prepared a record with the intention and knowledge that their acts would save Dardas and Bagrodia from legal punishment.

While discharging Bagrodia, the judge noted that he was summoned by the court in the case against AMR though the CBI had opined not to charge him. However, after considering the lengthy arguments, he was later discharged in that case, the judge noted.

"Discharge of Bagrodia in AMR case has brought a sea change," the judge said.

A large number of meetings by an "innocent" person under investigation by CBI with the Director of CBI, in the absence of the investigating officer of the case, and a large number of telephonic conversations between the two are not circumstances of suspicion, leave aside grave suspicion, for framing charge of criminal conspiracy because the person under investigation had been innocent all along, the judge said.

"He was innocent all along. He did not become innocent the day he was discharged. The order of discharge merely declared him innocent," the judge said.

He noted that the discharge order was never challenged by the CBI before the superior court.

While discharging Devender Darda, the judge noted that his meetings with Ranjit Sinha made no difference to the outcome of the case against him and he was recommended to be prosecuted.

"Ranjit Sinha did not abuse his authority to scuttle the case against Devender Darda. Had there been a criminal conspiracy, as alleged in the chargesheet the Director, CBI would have followed the opinion of ALA, K. Sudhakar and would have exonerated Devender Darda. Filing of the chargesheet against Devender Darda shows that Sinha showed no favour to Devender Darda," the judge said.

While discharging Vijay Darda, the judge said had there been a criminal conspiracy, as alleged in the chargesheet the Director, CBI would have followed the opinion of ALA, K.Sudhakar and would have exonerated him.

"It cannot be said that Ranjit Sinha diluted the case against Vijay Darda. The fact that Ranjit Sinha did not dilute the charge against Vijay Darda shows that he showed no favour to Vijay Darda and recommended appropriately framing the charge against Vijay Darda," the judge said.

It also shows there was no conspiracy to abuse the authority by Ranjit Sinha to scuttle the investigations against Vijay Darda and Devender Darda, the judge said.

"Neither Devender Darda nor Vijay Darda could get any relief by meeting Ranjit Sinha, therefore, this court finds that there is no material to frame the charge of criminal conspiracy against Devender Darda and Vijay Darda," the judge said.

While discharging Sudhakar, the judge noted that, unlike the case of Sinha, there is no allegation that he met Dardas or Santosh Bagrodia or had a telephonic conversation with them.

He is sought to be prosecuted for changing his opinion, the judge noted.

Whereas earlier he had suggested prosecution of all the private accused and public servants but later on he opined that no criminal case has been made out against the MoS , Secretary and other public servants, the judge noted, saying that "the fact that Sinha did not act upon the opinion of K. Sudhakar shows there was no conspiracy".

The judge said that despite the filing of the closure report against Bagrodia, approved by Sinha, the court had summoned Bagrodia but later discharged him on the merits of the case.

"Now with the discharge of Bagrodia, it cannot be said that Sudhakar had given an incorrect opinion with the intention to save Santosh Bagrodia from legal punishment," the judge said.

The CBI filed the case in 2017 for alleged interference in the investigation conducted in a coal scam case against AMR Iron & Steel Pvt. Ltd., its directors, Devendra Darda and unknown officials of the central government. The coal scam case was registered in September 2012 for cheating and criminal conspiracy in alleged irregularities in the allocation of a coal block.

The CBI also named its former Director Ranjit Sinha as a person who was investigated in the case. However, Sinha was not named as an accused since he died in April 2021.

The CBI said that then Prime Minister Manmohan Singh, who also had the portfolio of the Ministry of Coal, had directed that if a company's performance was not satisfactory in coal extraction from a coal block, its file would be put before him before allocating the company a new coal block.

However, despite such directions, the matter was not put up before the Prime Minister but a meeting was called by Bagrodia.

"In PMO, the file was not put up before the Prime Minister and a noting was made that as the Prime Minister has already approved the recommendations of the Screening Committee, there is no need to put up the file before the Prime Minister again. Thereafter, Bander Coal Block was allotted to AMR," the charge sheet claimed.

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