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SC rejects Madhu Koda’s plea for stay of conviction in coal scam case

A bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar rejected Madhu Koda’s plea challenging the Delhi High Court order.

SC rejects Madhu Koda’s plea for stay of conviction in coal scam case

Supreme Court of India [Photo:SNS]

The Supreme Court on Friday rejected former Jharkhand chief minister Madhu Koda’s plea seeking a stay of his conviction in the coal block allocation irregularities case so that he could contest the upcoming assembly election.

A bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar rejected Madhu Koda’s plea challenging the Delhi High Court order.

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As Koda’s advocate referred to the change in the situation and that he was disallowed to contest the election since the date of conviction, the court said that various factors have to be considered for the stay of conviction. Senior advocate R.S. Cheema appeared for CBI in the matter.

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The former Jharkhand Chief Minister Koda has challenged the October 18, 2024, Delhi High Court order dismissing his plea seeking a stay of the conviction.

Madhu Koda’s petition said, “Single Judge failed to appreciate that the Petitioner cannot be denied an opportunity to contest the election for an indefinite period. Petitioner (Madhu Koda) who belongs to Ho Community of Kolhan Region of Jharkhand which is one of the most backward regions of India. The said community is around 10.7% of Scheduled Tribe population of Jharkhand. The people of that region and petitioner will be prejudiced electorally due to refusal to suspend the conviction of the Petitioner for an indefinite period.”

The Delhi High Court on October 18 had dismissed Madhu Koda’s plea seeking the stay of his conviction in a coal scam case, to contest upcoming polls.

Koda, along with ex-coal secretary H.C. Gupta, former Jharkhand chief secretary A.K. Basu, and aide Vijay Joshi, received three-year sentences for corruption and conspiracy involving the allocation of the Rajhara North coal block to Vini Iron and Steel Udyog Ltd.

In 2017, a Delhi court convicted Koda of criminal misconduct under the Prevention of Corruption Act, sentencing him to three years imprisonment and imposing a fine of Rs. 5 lakhs. Although he was granted bail and a stay on the fine in 2018, the Delhi High Court rejected a stay on his conviction in 2020.

Four years later, Koda again approached the High Court, citing new factual and legal developments as he sought to stay on his conviction, noting that his criminal appeal has been pending since 2017 and the case has not been scheduled for a hearing.

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