Stay on Kokate’s conviction by court sparks debate

The court had observed that if Kokate’s conviction is not stayed, he would be disqualified, which would necessitate bye-elections at the expense of the public’s money.

MUMBAI: Opposition parties on Saturday strongly objected to certain remarks by Nashik sessions court while granting stay in the conviction of agriculture minister Manikrao Kokate, who was sentenced to two years’ imprisonment for fabricating documents to get benefit of a housing scheme meant for poor people.

The court had observed that if Kokate’s conviction is not stayed, he would be disqualified, which would necessitate bye-elections at the expense of the public’s money. (Shutterstock)

The court had observed that if Kokate’s conviction is not stayed, he would be disqualified, which would necessitate bye-elections at the expense of the public’s money.

This attracted strong reactions from the opposition parties, which questioned the mandate of the courts and judicial system in the country.

“It is not a court’s lookout whether an election will take place or not. He (Manikrao Kokate) has cheated the Maharashtra government by using forged signatures,” said NCP (SP) MLA Jitendra Awhad. “It is not the court’s responsibility to think about the money. Their job is to provide justice.”

Recalling the court’s first judgment, which clearly stated that Kokate had cheated the government and that such behaviour was not acceptable from a person holding a responsible position, Awhad commented, “Now the same court is worried about the poll expenses.”

Senior Congress leader Vijay Wadettiwar asked if the court will use the same reason for delivering verdict in a murder case. “Someone pronounced guilty of a crime must get an appropriate punishment,” he said.

Kokate, 67, was convicted on February 20 on charges of cheating and forgery in a case that dates back over three decades. The magistrate’s court found that he and his brother, Vijay Kokate, had fraudulently acquired two flats under the chief minister’s discretionary quota, meant for economically weaker sections, by submitting fabricated documents.

Kokate had filed two appeals before the sessions court, seeking a stay on his conviction and sentence. The court accepted both the appeals and stayed the conviction as well as the sentence until the petition is disposed of.

The Representation of the People Act, 1951, mandates disqualification for elected representatives sentenced to two years or more in a criminal case.