ED proceedings against Manoj Jayaswal dropped A special PMLA court has dismissed the Enforcement Directorate (ED) proceedings in a coal scam case involving Nagpur businessman Manoj Jayaswal, his son Abhishek Jayaswal, media baron Vijay Darda, and his son Devendra Darda. This marks the first case registered under the coal scam series, according to advocate Khonisha Ganvir, who represented the defense team. The decision to drop the case came at a stage when the trial had already begun, and the prosecution was in the process of recording evidence. The ruling was based on the acquittal of the accused in a related CBI case, which served as the foundation for the ED’s investigation. The PMLA court ruled that the ED proceedings could not proceed because the acquittal in the CBI case rendered the predicate offense—necessary for the ED’s case—invalid. The statutory period for filing an appeal against the CBI acquittal has expired, and the ED has not submitted any appeal details to the court. The CBI had previously booked Jayaswal and others in a graft case involving 24.6 crore rupees. The prosecution argued that only a high court has the authority to drop ED proceedings, but the judges countered that the judicial basis for the prosecution had ceased to exist. They emphasized that the ED lacked a specific legal provision to dismiss the case at this stage. Ganvir highlighted that this ruling differs from previous instances where ED cases were dropped before the trial began. In the AMR Iron and Steel case, charges were framed, and the trial progressed to an advanced stage before the proceedings were terminated. The defense team noted that this decision is significant because it sets a precedent for ED cases where the trial is already underway.#manoj_jayaswal #vijay_darda #abhishek_jayaswal #devendra_darda #khonisha_ganvir
Coal scam: CBI special court acquits businessman Manoj Jayaswal A CBI special court in Nagpur on Friday acquitted businessman Manoj Jayaswal, along with former MP Vijay Darda and former coal secretary H C Gupta, in a coal block allocation scam case linked to the UPA government. The court ruled that the allocation of coal blocks was a policy decision made in accordance with the energy coordination committee and the Prime Minister’s Office at the time, and could not be deemed against public interest. The verdict also pertains to the first charge-sheet filed in a series of coal scam investigations. The court emphasized that the CBI failed to prove that the allocation of a coal block in Bander, Yavatmal, to Jayaswal’s company was done without public interest or that it led to any personal gain for the accused. It noted that the decision was based on information provided by applicants, feedback from state governments, and input from the Ministry of Steel. The court also dismissed charges against Darda regarding alleged kickbacks of Rs 24 crore, stating there was insufficient evidence to support them. Jayaswal, who has faced multiple legal battles over the past decade, received this acquittal in a case where a charge-sheet was filed by the CBI. Previously, he had been convicted in two other coal scam cases, but those convictions were based on closure reports submitted by the agency. His lawyer, Mudit Jain, mentioned that an appeal has been filed against those earlier convictions, and the acquittal could strengthen Jayaswal’s position in the appeals process. The coal scam investigation centers on the allocation of coal blocks during the UPA regime, which was later replaced by an auction system under the NDA government.#cbi #manoj_jayaswal #vijay_darda #h_c_gupta #upadras
