Coal Scam: Delhi HC stays Ex-Union Minister Dilip Ray's conviction to contest Odisha Assembly Elections
Apr 08, 2024
New Delhi [India], April 8 : The Delhi High Court on Monday stayed the conviction of former union minister Dilip Ray, who was sentenced to a three-year jail term in a coal scam case about irregularities in the allocation of a Jharkhand block in 1999.
Dilip Ray recently moved an application, seeking direction to grant a stay on his conviction to contest the upcoming elections.
Justice Swarana Kanta Sharma on Monday while allowing his plea, stated that the conviction of the present applicant if not suspended would lead to an irreversible consequence. If he is acquitted at a later stage, this court is inclined to allow the present application.
"In view thereof, it is directed that the conviction of the present applicant, recorded in the judgment dated October 6, 2020, shall stand stayed during the pendency of the present appeal," the court said.
While passing the Judgement, the court stated that the applicant has a long political career.
"He has remained the Union Minister on several occasions as well as the State Minister in the Odisha Government. He is 71 years of age and wishes to contest elections to be held in May 2024 and serve his constituency and the country. It is not as if he has expressed his desire to do so only for suspension of his conviction by contesting the election for the first time. He has a political career running into more than 35 years," the court stated.
"As noted above, the elections are to be held in the year 2024, he is 71 years of age, and multiple appeals and cross-appeals have been filed in this case which will take time to be heard and are not likely to be heard and decided in the nearest future. In the case, the applicant's prayer is not allowed, he will lose the chance to contest the election and an irreversible consequence and irreversible damage to his political career and desire to serve his constituency will be caused to him," the bench stated.
Advocates Mukul Rohtagi and Pramod Kumar Dubey, Senior Advocates along with Mahesh Agarwal, Ankur Saigal, Ankit Banati, Shravan Niranjan, Himanshu Bajaj, Gaurav Khanna, Keshav Sehgal, Anurag Andly and Satyam Sharma, appeared for the Dilip Ray in the matter.
The Court noted that the petitioner in the present case was convicted of an offence under Section 120B/409/420 of IPC and Section 13(1)(c)/13(1)(d) of the Prevention of Corruption Act by the Trial Court and has been sentenced to undergo imprisonment for three years.
The appeal, which has been preferred by the present applicant against the order of conviction is pending before this Court, and the present applicant is before this Court at this stage seeking suspension of conviction on the ground that he has to contest the upcoming Odisha Assembly Elections, which are scheduled to take place in 2024 itself.