Supreme Court stays conviction of ex-Maharashtra minister Manikrao Kokate

The Supreme Court on Monday (December 22), issued a stay on the conviction of former Maharashtra minister Manikrao Kokate in a cheating and forgery case.

A vacation bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice to the Maharashtra government on Kokate's plea.

"Issue notice. In the meanwhile, conviction of petitioner shall remain stayed to the extent that there shall be no disqualification as a member of legislative assembly. However he shall not hold any office of profit," the bench said.

Bombay HC granted bail

Earlier on Friday, the Bombay High Court granted bail to NCP leader Kokate in the cheating and forgery case linked to a government housing scheme and suspended his two-year sentence.

Also Read: Maharashtra Minister Kokate stripped of portfolios after conviction in cheating case

The court, however, refused to stay the conviction, observing that prima facie material indicated Kokate’s involvement in the offence. He was accused of securing a flat under an Economically Weaker Section (EWS) housing scheme by submitting false affidavits regarding his income.

“Permitting a person convicted of a criminal offence to hold a cabinet position solely on account of suspension of sentence would cause grave and irreparable prejudice to public service,” the court said.

What Bombay HC said

In its order, Justice R.N. Laddha noted that Kokate had been on bail throughout the trial before the magistrate’s court and during the pendency of his appeal before the sessions court. As the sentence awarded was for two years, the High Court said it was inclined to grant bail.

Allowing the application for suspension of sentence, the court directed Kokate to deposit a surety of Rs 1 lakh. The High Court also admitted his revision petition for hearing, challenging the sessions court order that upheld his conviction.

Also Read: Maharashtra minister Kokate shunted out of Agriculture dept over rummy row

"The office he occupies is not merely titular but is a solemn obligation to uphold the rule of law and safeguard the collective interest of the citizens. The fiduciary position demands a heightened standard of accountability,” stated the Bombay High Court.

“Permitting persons convicted to continue to hold constitutional office solely on account of a suspended conviction would cause irreparable prejudice to public interest and such a course would erode public confidence in democratic institutions, compromising the constitutional values and demoralises the other public functionaries who adhere to the law," it added as quoted by Live Law.

Kokate’s plea

Kokate’s counsel Ravi Kadam submitted that his client was admitted to Lilavati Hospital in Bandra, where he underwent a coronary angiography and was scheduled to undergo an SOS angioplasty later in the day. Public prosecutor Mankunwar Deshmukh opposed the bail plea.

Kokate’s conviction had been upheld by the Nashik district and sessions court on Tuesday. On Thursday night, he resigned from the Maharashtra cabinet, where he held the sports and youth affairs portfolio. A team of Nashik police reached Bandra later that night to execute the arrest warrant.

The case dates back to 1989-1992 and pertains to an EWS housing scheme with an annual income cap of Rs 30,000. Courts noted that records, including bank loans and sugar factory documents, showed Kokate’s income exceeded the eligibility limit.

(With agency inputs)