Coal Scam: Delhi High Court Stays Conviction Of Former Union Minister Dilip Ray To Enable Him To Contest Elections

The Delhi High Court on Monday stayed the conviction of former Union Minister Dilip Ray in connection with a coal scam case relating to irregularities in the allocation of a Jharkhand block in 1999, to enable him to contest the upcoming Odisha legislative assembly polls.

Justice Swarana Kanta Sharma clarified that the relief does not amount to an acquittal but is merely a suspension of conviction in peculiar circumstances of the case.

The court also took note of Ray's long political career and his age and observed that every case is to be decided on the basis of its peculiar circumstances and background and no two cases are similar.

“In view thereof, it is directed that the conviction of the present applicant, recorded in judgment dated 06.10.2020, shall stand stayed during the pendency of present appeal,” the court said.

Ray was convicted by the Trial Court for the offence punishable under Section 120B, 409 and 420 of the Indian Penal Code, and Section 13(1)(c) or 13(1)(d) of the Prevention of Corruption Act. He was sentenced to undergo a sentence of 3 years and payment of a fine.

The court noted that the elections are to be held this year and that Ray is 71 years old. It further noted that multiple appeals and cross-appeals have been filed in the case which will take time to be heard and are not likely to be heard and decided in the near future.

“In case, the applicant‟s prayer is not allowed, he will lose chance to contest election and an irreversible consequence and irreversible damage to his political career and desire to serve his constituency will be caused to him…,” the court said.

It added: “Thus, in view of the aforesaid discussion and the fact 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.”

Counsel for Appellant: Mr. Mukul Rohtagi and Mr. Pramod Kumar Dubey, Senior Advocates with Mr. Mahesh Agarwal, Mr. Ankur Saigal, Mr. Ankit Banati, Mr. Shravan Niranjan, Mr. Himanshu Bajaj and Mr. Gaurav Khanna, Mr.Keshav Sehgal, Mr.Anurag Andly and Mr.Satyam Sharma, Advocates

Counsel for Respondent: Mr.R.S.Cheema, Senior. Advocate, SPP with Ms.Tarannum Cheema, Mr.Akshay N., Mr.Akash Singh, Mr.Sadeev Kan

Title: DILIP RAY v. CENTRAL BUREAU OF INVESTIGATION

Citation: 2024 LiveLaw (Del) 421

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