Mumbai, Dec 17: Maharashtra Sports Minister and NCP leader Manikrao Kokate approached the Bombay High Court on Wednesday, challenging a sessions court order that upheld his conviction and two-year jail term in a 1995 cheating and forgery case. The court has not stayed the conviction. However, the minister has got himself admitted to Lilavati Hospital, Bandra.
Arrest Warrant Issued By Nashik Sessions Court
Even as his plea was filed in the High Court, the sessions court in Nashik issued an arrest warrant against him in the case.
Conviction May Cost Cabinet Post And Assembly Seat
Kokate, who belongs to the Nationalist Congress Party (NCP) led by Deputy Chief Minister Ajit Pawar, represents the Sinnar Assembly constituency in Nashik district. With the conviction in a cheating case, Kokate stands to lose his cabinet post and his Assembly seat.
Plea Mentioned For Urgent Hearing
His lawyer, Aniket Nikam, mentioned the plea before Justice R. N. Laddha, seeking an urgent hearing and stating that Kokate was set to lose his ministry.
High Court To Hear Suspension Plea On Friday
While Nikam did not press for an urgent stay on the conviction on Wednesday, he told the court that the Nashik sessions court had earlier stayed his conviction in March.
Justice Laddha then said he would hear Kokate’s plea for suspension of the conviction on Friday.
Appeal Claims Miscarriage Of Justice
In his appeal, Kokate said the “very foundation” upon which the Nashik sessions court and trial court proceeded to consider the issue was itself “wrong”. “The misconception of law has resulted in a miscarriage of justice in the present matter,” his plea read. He also claimed that the prosecution failed to prove the allegation that his income was more than Rs 30,000 in the year 1989.
Forgery Allegations Disputed In Appeal
“That in the chargesheet or in the charges framed, it is nowhere stated that in the year 1994, the applicant made any false declaration to the authorities at the time of allotment of the flat to him. Therefore, there is no question of the offence of forgery and cheating being committed in the year 1994 based on the declaration made in the year 1994,” the appeal added, seeking quashing of the conviction.
Case Linked To CM Discretionary Quota Flats
The complaint in the cheating and forgery case was lodged by former Maharashtra minister, late Tukaram Dighole, who alleged that the Kokate brothers committed forgery and fraud to secure flats under the Chief Minister’s discretionary quota.
The prosecution claimed they falsely projected themselves as belonging to the low-income group and declared that they owned no other property. Subsequent investigation found the documents submitted by them to be forged.
Application Filed By Complainant’s Daughter
On Wednesday, Anjali Dighole-Rathod, daughter of late Dighole, filed an application regarding Kokate’s arrest in the matter before the Nashik sessions court. The minister was not present for the hearing.
Court Directs Issuance Of Arrest Warrant
Nashik District and Sessions Court Judge P. M. Badar then directed Additional Chief Judicial Magistrate (ACJM) Rupali Nadvadia to take action in the case. Following these directions, an arrest warrant was issued against the minister by the ACJM.
Sessions Court Upholds Magistrate’s Conviction
The Nashik sessions court, which upheld the magistrate’s conviction on Tuesday, held that Kokate had “dishonestly induced” the state to allot him a flat meant for the poor by submitting false income affidavits.
Background Of The Conviction
On February 20 this year, a magistrate court had convicted Kokate and his brother Vijay to two years’ imprisonment in the forgery case, prompting them to approach the sessions court, which stayed their conviction on March 5.
However, the Nashik sessions court on Tuesday upheld the conviction, agreeing with the trial court’s finding of guilt for offences of cheating and forgery.
High Court Stay Sought Pending Appeal
Challenging the sessions court order confirming his conviction, Kokate has now approached the High Court and, pending hearing of his appeal, has sought a stay on his conviction.
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