By Express News Service
CUTTACK: The Orissa High Court on Wednesday stayed the conviction of Congress MLA Mohammed Moquim by a Special Vigilance Court in a mortgage rip-off case. The sitting MLA from Barabati-Cuttack Assembly constituency had filed a legal attraction difficult propriety of the trial court docket’s order on the bottom that it was incurably faulty and suffered from gross infirmities. In an interim software, he sought a keep on his conviction. Advocate Pitambar Acharya argued on Moquim’s behalf.
While permitting it Justice BP Routray stated, the appellant is elected for a time period of 5 years and there may be nonetheless round a yr and half to finish the time period in regular circumstances. “Keeping in view his position as sitting MLA of Odisha Legislative Assembly, the loss to befall on him due to the conviction would be irreparable unless the same is stayed,” he noticed.
The Representation of Peoples’ Act (RPA) supplies for disqualification of membership of MLAs who’ve been fined or convicted with punishment of greater than two years. Justice Routray noticed that this can even result in an premature by-election to burden the general public exchequer. “Further, considering the limited period of his sentence for three years and the offences involved, which are neither punishable with death nor imprisonment for life, it is felt apposite to grant stay of the conviction pending appeal since the impact of loss due to disqualification would not only be enormous for the appellant (Moquim) but also for the public-exchequer,” he stated.
“Since the appeal is pending for hearing, expressing of any opinion on merit of the appeal or giving any finding on merit at this stage would likely cause prejudice to both parties. Thus, for the limited purpose of this application and taking note of the special facts of the case, this is found an exceptional case to stay the order of conviction”, Justice Routray stated and stuck February 22, 2023 for listening to.
“The allegation is pertaining to availing loan of `1.5 crore illegally. The offence relates to the year 2000 and at the time of commission of offence, Moquim was not in the political field but was a businessman,” the order stated whereas not giving any observations on the advantage of the case. Earlier, whereas admitting the legal attraction and calling for case data from the trial court docket on October 10, Justice Routray had allowed Moquim to proceed on bail on furnishing bail bond of Rs 1 lakh with two sureties, keep on execution of the sentence and imposition of effective of Rs 50,000.
CUTTACK: The Orissa High Court on Wednesday stayed the conviction of Congress MLA Mohammed Moquim by a Special Vigilance Court in a mortgage rip-off case. The sitting MLA from Barabati-Cuttack Assembly constituency had filed a legal attraction difficult propriety of the trial court docket’s order on the bottom that it was incurably faulty and suffered from gross infirmities. In an interim software, he sought a keep on his conviction. Advocate Pitambar Acharya argued on Moquim’s behalf.
While permitting it Justice BP Routray stated, the appellant is elected for a time period of 5 years and there may be nonetheless round a yr and half to finish the time period in regular circumstances. “Keeping in view his position as sitting MLA of Odisha Legislative Assembly, the loss to befall on him due to the conviction would be irreparable unless the same is stayed,” he noticed.
The Representation of Peoples’ Act (RPA) supplies for disqualification of membership of MLAs who’ve been fined or convicted with punishment of greater than two years. Justice Routray noticed that this can even result in an premature by-election to burden the general public exchequer. “Further, considering the limited period of his sentence for three years and the offences involved, which are neither punishable with death nor imprisonment for life, it is felt apposite to grant stay of the conviction pending appeal since the impact of loss due to disqualification would not only be enormous for the appellant (Moquim) but also for the public-exchequer,” he stated.
“Since the appeal is pending for hearing, expressing of any opinion on merit of the appeal or giving any finding on merit at this stage would likely cause prejudice to both parties. Thus, for the limited purpose of this application and taking note of the special facts of the case, this is found an exceptional case to stay the order of conviction”, Justice Routray stated and stuck February 22, 2023 for listening to.
“The allegation is pertaining to availing loan of `1.5 crore illegally. The offence relates to the year 2000 and at the time of commission of offence, Moquim was not in the political field but was a businessman,” the order stated whereas not giving any observations on the advantage of the case. Earlier, whereas admitting the legal attraction and calling for case data from the trial court docket on October 10, Justice Routray had allowed Moquim to proceed on bail on furnishing bail bond of Rs 1 lakh with two sureties, keep on execution of the sentence and imposition of effective of Rs 50,000.
