The Delhi High Court on Friday has dismissed former Jharkhand Chief Minister Madhu Koda’s plea to stay his conviction in a coal scam case, which would allow him to participate in the upcoming assembly elections.
Justice Neena Bansal Krishna led the bench that rejected Koda’s application.
Koda, along with former coal secretary H.C. Gupta, ex-Jharkhand chief secretary A.K. Basu, and aide Vijay Joshi, was sentenced to three years in prison for corruption and conspiracy linked to the allocation of the Rajhara North coal block to Vini Iron and Steel Udyog Ltd.
In his plea, Koda argued that with Jharkhand’s elections set for November 2024, his chances of contesting would be jeopardized due to his criminal conviction. He emphasized his background as a former Chief Minister and multiple-time MP/MLA, claiming that without a stay on his conviction, he would be effectively barred from the electoral process.
The Central Bureau of Investigation opposed Koda’s request, challenging its maintainability. They pointed out that a similar application was rejected in May 2020. CBI’s Senior Advocate R.S. Cheema and lawyer Tarannum Cheema stressed that the previous court had already thoroughly examined the decriminalization of politics and upheld Koda’s conviction, which had not been appealed.
Koda’s legal troubles began in 2017 when a Delhi court convicted him of criminal misconduct under the Prevention of Corruption Act, resulting in a three-year prison sentence and a fine of INR 5 lakh. Although he secured bail and a stay on the fine in 2018, the Delhi High Court denied his request to stay the conviction in 2020.
Four years later, Koda returned to the High Court, arguing for a stay based on new factual and legal developments. He noted that his criminal appeal has been pending since 2017 and that the case has yet to be scheduled for a hearing.
Koda’s ongoing legal battles raise questions about the intersection of politics and the judicial system in India, particularly regarding the eligibility of convicted individuals to participate in elections.
As the political landscape in Jharkhand prepares for the upcoming elections, Koda’s situation remains a focal point of interest, reflecting broader issues of accountability and electoral integrity within the country’s governance framework.
