New Delhi: The Delhi High Court on Tuesday reserved its verdict on a plea filed by former Jharkhand Chief Minister Madhu Koda seeking a stay on his conviction in a coal scam case by a trial court to enable him to contest the upcoming Jharkhand assembly elections.
Justice Neena Bansal Krishna reserved the verdict after noting that Koda and the Central Bureau of Investigation (CBI), which investigated the case, have filed their written submissions in the matter.
CBI opposed Koda’s plea for stay on conviction to enable him to contest upcoming Jharkhand assembly elections
The CBI has opposed Koda’s plea for stay on his conviction on the ground of maintainability.
“This court (earlier while hearing Koda’s plea) took note of the increasing demand for steps to be taken for decriminalisation of politics. In keeping with this principle, this court unequivocally dismissed the application. Pertinently, no appeal was filed challenging this judgment. The applicant allowed it to attain finality,” the CBI told the High Court in its submissions.
Koda, others were convicted for indulging in corrupt practices
Koda urged the High Court for suspension of the trial court order dated December 13, 2017 convicting him of criminal misconduct. The trial court found that Koda had abused his position as a public servant in order to obtain the allocation of Rajhara Coal Block in in Jharkhand in favour of Kolkata-based company Vini Iron and Steel Udyog Limited (hereafter ‘VISUL’) without any public interest.
Koda, former coal secretary HC Gupta, former Jharkhand chief secretary AK Basu and Koda’s close aide Vijay Joshi were awarded three years imprisonment by a trial court for indulging in corrupt practices and hatching a criminal conspiracy in the allocation of Rajhara North coal block. They were granted bail in the case during the pendency of their appeals.
High Court earlier in 2020 refused to stay Koda’s conviction
Koda earlier also had moved the High Court seeking a stay on his conviction in this case to enable him to contest for election to public offices, however, the High Court in May 2020 refused to stay his conviction, saying it would not be apposite to facilitate the appellant to contest elections for any public office till he is finally acquitted.
The High Court, while refusing to stay Koda’s conviction in 2020, further said, “If the wider opinion is that persons charged with crimes ought to be disqualified from contesting elections to public offices, it would not be apposite for this Court to stay the appellant’s conviction to overcome the disqualification incurred by him.”
