Delhi HC denies stay on conviction of former Jharkhand CM Madhu Koda

The Delhi high court refused to stay the conviction of former Jharkhand chief minister Madhu Koda on Friday in a coal block allocation case.

The conviction disallows him from contesting elections until he is acquitted.

Judge Vibhu Bakhru said wider opinion was that persons charged with crimes ought to be disqualified from contesting elections and therefore, it would not be apt to stay the conviction.

The judgment also said amendments to the Prevention of Corruption Act (PC) Act could not be applied for offences prior to changes in the act’s provisions.

Section 13 (1) (d) of the act had stated that if a public servant, by corrupt or illegal means or otherwise abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage, he would be guilty of “criminal misconduct”. This particular section was repealed in 2018, which meant that a demand of illegal gratification was no longer a necessary ingredient of the offence of criminal misconduct.

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