New Delhi, Sep 3 The Delhi High Court on Tuesday reserved its verdict on a plea filed by former Jharkhand Chief Minister Madhu Koda seeking suspension of his conviction in Rs 4,000 crore coal scam to enable him to contest forthcoming Assembly polls.
A bench of Justice Neena Krishna Bansal reserved its order after hearing the arguments raised on behalf of Koda and the Central Bureau of Investigation (CBI).
Questioning the maintainability of Koda’s plea, the central investigative agency said that a similar plea seeking suspension of conviction was dismissed on an earlier occasion, adding that since the 2020 Delhi High Court judgement has attained finality, the issue cannot be agitated again by way of filing a fresh plea.
Koda was found guilty in the coal scam and on December 16, 2017, a Special CBI court in the Patiala House court complex, sentenced him to three years in jail under the Prevention of Corruption Act and imposed a fine of Rs 25 lakh. The trial court found that he had abused his position as a public servant in order to obtain the allocation of Rajhara Coal Block in favour of Vini Iron and Steel Udyog Ltd (VISUL), without any public interest.
Koda, whose sentence and fine were stayed by the Delhi High Court till his appeal was decided, became the Chief Minister of Jharkhand in September 2006 and continued to hold the office till August 2008.
"If the wider opinion is that persons charged with crimes ought to be disqualified from contesting elections to public offices, it would not be appropriate to stay the appellant's conviction to overcome the disqualification incurred by him," said the Delhi HC in 2020, rejecting his plea seeking suspension of conviction, adding that it will not be apposite to facilitate Koda to contest elections for any public office, till he is finally acquitted.
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