MUMBAI: Three days after a sessions court in Nashik upheld his conviction for an offence of cheating in a 30-year-old case of securing a flat under the state's EWS quota by showing lower income, Bombay HC Friday suspended ex-minister and NCP politician Manikrao Kokate's two-year sentence and granted him bail. However, it didn't stay his conviction, with Justice R N Laddha saying "democracy requires probity in public life" and referring to Kokate's status as minister.
Kokate had rushed to HC Wednesday - a day after his Feb 20 conviction was upheld. He was also admitted to Lilavati Hospital. He was divested of his portfolios the same day and he resigned as minister Thursday.
The lack of a stay on his conviction by a single HC judge bench means the assembly Speaker now has to pass orders within a fortnight on his disqualification.
While Speaker Rahul Narwekar was not available for comment, legislature officials said they haven't received a certified copy of the HC order yet. "We need some clarity on how the sentence is suspended and conviction is not stayed, (and) whether it is upheld. So we will see the certified copy and then take legal opinion on any disqualification action," an official said.
The NCP politician can approach the
Supreme Court seeking relief.
NCP politician Manikrao Kokate’s lawyer argued at length in HC Friday that his conviction in a 1995 cheating case was “purely on conjectures and surmises,” which is anathema to criminal justice.
Senior counsel Ravi Kadam, representing Kokate, also argued that when the conviction is of a sitting elected member of a legislature, it forms an exceptional case since, without a stay, his constituency stands unrepresented, making it a fit case for a stay on conviction.
Kadam, assisted by advocate Aniket Nikam, showed the conviction order and the part where the trial court judge said Kokate’s annual income “must have been over Rs 30,000” and cited a top court ruling to say when the finding itself is shaky, conviction ought to be set aside. A Nashik magistrate in Feb convicted Kokate and his brother, Vijay for securting flats under EWS quota in 1995. The sessions court on Tuesday upheld conviction and sentence but acquitted him of two other charges.
The SC in 2013 held unconstitutional a provision under the Representation of People Act that enabled deferment of disqualification by three months to enable a sitting MP or MLA to appeal and clarified that disqualification kicks in immediately on conviction.
Kadam argued the prosecution failed to prove its case and wrongly placed the burden of proof on Kokate to prove his income in 1989 was more than Rs 30,000. The chargesheet also doesn’t say that in 1994, during flat allotment, he made any wrong declaration.
Public prosecutor Mankuwar Deshmukh said the trial court order is backed by evidence. Senior counsel Manoj Mohite for the intervenor, complainant, supported the PP’s submissions.
Kokate was on bail during trial and appeal. He has not misused his liberty, argued Kadam, a point factored in by the HC to grant bail.
Mohite submitted that the family of the accused owned 25 acres at the time when he applied and claimed allotment meant for EWS.
Meanwhile, the Nashik police team led by ACP (crime) Sandeep Mitke which was in Mumbai decided to return after HC granted bail to Kokate.
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Swati Deshpande is Senior editor at The Times of India, Mumbai, w...
Read MoreSwati Deshpande is Senior editor at The Times of India, Mumbai, where she has been covering courts for over a decade. She is passionate about law and works towards enlightening people about their statutory, legal and fundamental rights. She makes it her job to decipher for the public the truth, be it in an intricate civil dispute or in a gruesome criminal case.
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