CUTTACK: The Orissa High Court on Wednesday stayed the conviction of Congress MLA Mohammed Moquim by a Special Vigilance Court in a loan scam case. The sitting MLA from Barabati-Cuttack Assembly constituency had filed a criminal appeal challenging propriety of the trial court’s order on the ground that it was incurably defective and suffered from gross infirmities. In an interim application, he sought a stay on his conviction. Advocate Pitambar Acharya argued on Moquim’s behalf.
While allowing it Justice BP Routray said, the appellant is elected for a term of five years and there is still around a year and half to complete the term in normal 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 observed.
The Representation of Peoples’ Act (RPA) provides for disqualification of membership of MLAs who have been fined or convicted with punishment of more than two years. Justice Routray observed that this will also lead to an untimely by-election to burden the 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 said.
“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 said and fixed February 22, 2023 for hearing.
“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 said while not giving any observations on the merit of the case. Earlier, while admitting the criminal appeal and calling for case records from the trial court on October 10, Justice Routray had allowed Moquim to continue on bail on furnishing bail bond of Rs 1 lakh with two sureties, stay on execution of the sentence and imposition of fine of Rs 50,000.