Amendments to Prevention of Corruption Act, 2018 do not have retrospective effect - Synopsis
Parul Madaan 25 May 2020

In the case  Madhu Koda v. State Through CBI, a plea was filed for seeking stay order against him in a coal scam under the Prevention of Corruption Act, 1988. According to the appellant, he wished to contest election to public offices but is disqualified to do so on account of his conviction.

The court held that although it has the power to stay the conviction, it is settled law that power is to be exercised in exceptional cases- where the court is convinced that it will result in injustice and permanent consequences if the conviction does not stay. At the same time, however, by virtue of being convicted of an offense after trial, the appellant is not eligible to run for public office and on the appellant 's contention that it contributes to injustice and unintended implications-the court held that it must also recognize broader repercussions of the same.


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