New Delhi, Oct 24 Former Jharkhand Chief Minister Madhu Koda has petitioned the Supreme Court seeking suspension of his conviction in the Rs 4,000 crore coal scam to enable him to contest forthcoming Assembly polls.
On Thursday, a bench headed by Justice Sanjiv Khanna decided to post the matter for hearing on October 25.
The Bench, also comprising Justices Sanjay Kumar and R Mahadevan, said the judges were not able to go through the case file as it was sent to them late.
Koda’s special leave petition before the apex court contended that he could not be disqualified from contesting the elections due to the pendency of the criminal appeal and that “denial of suspension would have irreversible consequences which could not be compensated in monetary terms or otherwise.”
Last week, the Delhi High Court disposed of Koda’s plea and agreed with the CBI’s contention that Koda’s fresh application filed under Sections 389(1) and 482 of the Code of Criminal Procedure (CrPC) was non-maintainable since a similar plea seeking suspension of conviction was dismissed in 2020.
A bench of Justice Neena Krishna Bansal of the Delhi HC said that there was “no change in circumstances or in law, entitling a fresh look on this second application for suspension of conviction.”
“The ground of participation in the upcoming elections in the State at that time was duly considered while denying the earlier application for suspension of conviction,” Justice Bansal-led Bench added.
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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