Lawstreet Journal

Delhi HC Refuses to Stay Conviction of Former Jharkhand CM, Madhu Koda’s Under Prevention of Corruption Act, 1988 [READ ORDER]

Lawstreet Journal 24 May 2020 8:19pm

Image courtesy: Lawstreet Journal Judiciary Delhi HC Refuses to Stay Conviction of Former Jharkhand CM, Madhu Koda’s Under Prevention of Corruption Act, 1988 [READ ORDER]

Vide its judgment dated May 22, 2020, a Single Bench of Justice Vibhu Bakhru of the Delhi HC has refused to stay the conviction of former Jharkhand CM, Madhu Koda in the coal scam case mainly to further the cause of decriminalization of politics. 

Background of the case: 

Madhu Koda had filed the appeal praying that the operation of the impugned order dated 13.12.2017 passed by the learned Special Judge convicting him of the offence of criminal misconduct under sub-clauses (ii) and (iii) of clause (d) of sub-section (1) of section 13 read with sub-section (2) of section 13 of the Prevention of Corruption Act, 1988 (‘PCAct’), be stayed.

13. Criminal misconduct by a public servant. â€“ (1) A public servant is said to commit the offence of criminal misconduct, -

(a)-(c)

(d) if he, -

(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest.”

 

He was seeking stay so that he could contest for election to public offices, including contest elections for the Legislative Assembly of the State of Jharkhand. Due to his conviction in a corruption case, he is disqualified from contesting an election. 

In the case of “CBI v. M/s Vini Iron and Steel Udyog Limited and Ors., the Trial Court… Continue Reading...


Tagged: Corruption  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Send
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.