In a significant legal development, the Supreme Court of India is set to hear the plea of former Jharkhand Chief Minister Madhu Koda, who seeks a stay on his conviction in a coal scam case.
This plea is crucial for Koda as he intends to contest in the upcoming assembly elections. The hearing is scheduled for Friday, as a bench consisting of Justices Sanjiv Khanna, Sanjay Kumar, and R Mahadevan will examine the matter.
The Supreme Court's bench postponed the hearing, noting that the case file was only circulated that morning. They expressed their intent to address the plea the following day, emphasising the urgency of the situation.
Senior Advocate R.S. Cheema represented the Central Bureau of Investigation (CBI) during the proceedings, indicating the seriousness of the allegations against Koda.
Koda's plea challenges an order from the Delhi High Court, issued on October 18, 2024, which had previously dismissed his request to suspend the conviction.
The former Chief Minister's legal team, led by advocate Yoothica Pallavi, argues that the refusal to allow Koda to contest the elections for an indefinite period is unjust. His petition highlights the impact on the Ho community of the Kolhan region, which constitutes around 10.7% of the Scheduled Tribe population in Jharkhand. Koda's legal representatives stress that both he and his community would face electoral prejudice if his conviction remains unsuspended.
In 2017, Koda, along with former coal secretary H.C. Gupta, ex-Jharkhand chief secretary A.K. Basu, and aide Vijay Joshi, was convicted for corruption and conspiracy regarding the allocation of the Rajhara North coal block to Vini Iron and Steel Udyog Ltd.
The court sentenced him to three years in prison and imposed a fine of ₹5 lakh under the Prevention of Corruption Act. Although Koda was granted bail and a stay on the fine in 2018, the Delhi High Court later rejected his request for a stay on his conviction in 2020.
Despite these legal hurdles, Koda remains determined to participate in the electoral process. His recent petition to the High Court cites new factual and legal developments, asserting that his criminal appeal has been pending since 2017 without a scheduled hearing. This ongoing delay, according to Koda’s team, further complicates his ability to engage in the political arena.
Koda's situation is emblematic of the broader challenges faced by politicians who encounter legal issues while trying to maintain their political careers. As the assembly elections approach, the outcome of this plea could have significant implications not only for Koda but also for the political landscape in Jharkhand. With the elections looming, Koda's fate will likely play a crucial role in shaping the electoral dynamics in the state.
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