Bombay High Court Refuses To Stay Conviction Of Sports Minister Manikrao Kokate In 1995 Cheating Case, Suspends Sentence

In a setback for senior Nationalist Congress Party (NCP) (Ajit Pawar Faction) leader Manikrao Kokate, the Bombay High Court on Friday refused to stay his conviction in the 1995 cheating case. However, the court suspended his sentence for the time being. 

Single-judge Justice Rajesh Laddha heard the revision application filed by Kokate through senior advocate Ravi Kadam and advocate Aniket Nikam urging the court to stay his conviction as he may get unseated or disqualified as a Member of the Legislative Assembly (MLA), which will cause an 'irreparable' loss to him and can be considered as an 'exceptional circumstance' to grant the said relief. 

However, the judge refused to consider the same as an 'exceptional' circumstance and instead reminded Kokate, who has been holding a 'constitutional' post of a Cabinet Minister, that such a post holder must discharge his duty with 'unwavering fidelity' to the public purposes. 

"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. 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," Justice Laddha observed in the order, orally dictated in a jam-packed courtroom. 

While the electorates' right to representation is a corner stone of democratic legitimacy, the judge said, it cannot be construed as an absolute right.

"Balance between the democratic representation and legal accountability must therefore be struck in favour of institutional integrity and public trust," the judge remarked. 

Notably Kokate is accused of defrauding the government by taking advantage of a scheme introduced between 1989 and 1992, which was meant for the weaker section of the society. As per the scheme, only people having annual income upto Rs 30,000 were eligible for the government flats. It is alleged that Kokate and his brother Vijay, submitted false affidavits claiming their income to be below Rs 30,000 for getting the flats and were subsequently allotted 2 such flats.

The prosecution has alleged that at the relevant time, Kokate was earning much above Rs 30,000 from his legal profession and also from the agricultural business. It is alleged that his father owned around 25 acres of agricultural land and Kokate supplied sugarcane grown on his father's land to local factories and even earned handsome amounts from the said business.

All this was not disclosed by Kokate while applying for the government scheme flats, the prosecution alleged.

Accepting the prosecution's contention, the judge found that there has been a discrepancy in the application filed by Kokate at the relevant time and also an affidavit that he filed subsequently, as in the application, the politician 'struck off' the word 'agricultural business' from the section pertaining to source of income and only mentioned 'legal profession' but in his affidavit, he had mentioned that he earned money through legal profession and agricultural business. 

"The documentary evidence particularly the application form and the affidavit and also the other documentary evidence, prima facie indicates the applicants involvement in the original crime All the contentions raised by the senior counsel will have to be tested at the final hearing stage of the revision application. There appears to be direct and documentary evidence against the applicant. Both the courts below have perused the evidence and passed the impugned orders holding that the prosecution has proved its case beyond reasonable doubt. Thus, this court is not inclined to suspend the order of sentence. Accordingly the said plea is dismissed," Justice Laddha held. 

As regards the plea to suspend the sentence of 2 years, till the revision application is heard finally, Justice Laddha noted that due to the pendency of the old revision applications, the instant one would not be likely heard anytime soon and therefore, suspended the sentence, till the time the court hears and decides his revision plea finally. 

"Sentence imposed on him stands suspended during pendency of the revision application subject to the payment of fine. He shall be entitled to bail on Rs 1 lakhs surety," the judge ordered. 

Notably, Kokate was initially convicted by a trial court in February this year. The said order was assailed before a Sessions Court in Nashik, which on December 16, upheld the conviction and sentenced him to 2 years imprisonment. 

With the sentence imposed on him, Kokate resigned from his ministership, which was reportedly accepted by the State Government.