Delhi HC reserves order on former Jharkhand chief minister Madhu Koda’s stay of conviction petition – ThePrint –

New Delhi, Sept 3 (PTI) – The Delhi High Court on Tuesday deferred its decision on a petition filed by former Jharkhand Chief Minister Madhu Koda seeking a stay of his conviction in a coal scandal to enable him to contest the upcoming assembly elections.

Justice Neena Bansal Krishna noted that written submissions had already been filed on behalf of Koda and the Central Bureau of Investigation (CBI), which is investigating the case.

Koda moved the court to stay the December 13, 2017 conviction to seek challenge in the Jharkhand State Legislative Assembly elections in 2024. Senior advocate RS Cheema and advocate Tarannum Cheema, representing the CBI, submitted that an identical application filed by Koda was rejected in May 2020 and his fresh application seeking the same relief was not admissible.

“This Court has (previously) taken note of the growing demand for steps to decriminalise the policy. In accordance with this principle, this Court has unequivocally dismissed the petition. No appeal has been filed against this judgment. The petitioner has allowed it to become final,” the CBI said in its submissions.

In May 2020, the Supreme Court had already refused to stay Koda's conviction, saying it would not be appropriate to allow him to run for public office until he was finally acquitted.

It said the general opinion was that accused persons should be disqualified from running for public office. Therefore, it was not appropriate to stay Koda's conviction and allow him to overturn the disqualification imposed on him, the Supreme Court said.

A court sentenced Koda, former coal minister HC Gupta, former Jharkhand chief secretary AK Basu and Koda's close aide Vijay Joshi to three years in prison each for involvement in corruption and inciting a criminal conspiracy in the award of the Rajhara North coal block in Jharkhand to Kolkata-based Vini Iron and Steel Udyog Ltd (VISUL).

Besides, VISUL, Koda and Gupta were also fined Rs 50 lakh, Rs 25 lakh and Rs 1 lakh respectively in the UPA-era coal scandal. Basu was also fined Rs 1 lakh.

Under the Representation of the People Act, a person convicted of a crime and sentenced to two years or more in prison is immediately disqualified from being an MP, MLA or member of a State Legislative Council (MLC). The person remains disqualified for six years after his or her release from prison.

They were granted bail for the duration of their appeal.

They were charged with violations of Section 120-B (criminal conspiracy) read with Section 420 (cheating) and Section 409 (criminal breach of trust by public servant) of the Penal Code and under the provisions of the Prevention of Corruption Act.

The CBI had said that the company had applied for allotment of the Rajhara North coal block on January 8, 2007.

It said that though the Jharkhand government and the Ministry of Steel had not recommended the VISUL case for allotment of a coal block, the 36th Selection Committee had allotted it to the accused company.

The CBI had said that Gupta, who headed the inquiry committee, had concealed from the then Prime Minister Manmohan Singh, who also held the coal portfolio, that Jharkhand had not recommended VISUL for allotment of a coal block. PTI SKV SKV SK SK

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