During the hearing of former CM Koda’s petition, convicted in the coal scam case, a 3-member bench led by Justice Sanjeev Khanna stated that they concur with the Supreme Court’s ruling in Afzal Ansari vs State of Uttar Pradesh (2023). He stated that numerous aspects need to be considered to maintain the conviction, which is not a simple task. In the case of Afzal Ansari, the person appealing was currently a member of the legislature. There is no factual situation present here. In this scenario, the court rejects the plea.
Koda was not a sitting member of the Legislative Assembly when he was convicted, and he didn’t need to forfeit his membership. In this case, the circumstances varied, leading to the Supreme Court denying the petition. Madhu Koda’s plea was rejected by the court, therefore he is now ineligible to participate in the assembly elections.
Previously, a three-judge panel consisting of Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice R Mahadevan mentioned in their Thursday hearing that they were unable to review the case file due to its delayed arrival, therefore the case will be heard on Friday.
The court requested senior advocate RS Cheema, representing the CBI, to review the court’s previous ruling stating that the suspension of sentence differs from what is prescribed in bail cases. Cheema agreed to take into account the previous ruling of the Supreme Court.
Beforehand, the Delhi High Court had dismissed Madhu Koda’s plea for a halt in conviction on October 18. The CBI objected to Koda’s appeal, stating that it was not deserving of consideration.
Former CM Madhu Koda, former coal secretary HC Gupta, former state chief secretary AK Basu, and Koda’s close aide Vijay Joshi were sentenced to 3 years in prison by the lower court on December 13, 2017 for their role in a corruption case involving the improper allocation of the state’s Rajhara North coal block to Kolkata-based company Vini Iron and Steel Udyog Limited (VISUL).
According to the Representation of the People Act, anyone who is found guilty of a criminal offense and receives a prison sentence of at least 2 years is automatically barred from serving as an MP, MLA, or MLC. Even following his release from prison, he still faces a six-year ban from running for office.