Allahabad HC rejects ex-BJP MLA’s plea to suspend conviction in 2013 Muzzafarnagar riots case

Prayagraj:  The Allahabad high court has turned down disqualified BJP MLA Vikram Saini’s plea to suspend his conviction in 2013 Muzaffarnagar riot case.

Justice Samit Gopal said in his order that the “grounds taken by the appellant do not in any manner appeal to the court. The criminal activities resulting in disqualification are related to various spheres pertaining to the interest of the nation, common citizenry interest, communal harmony, and prevalence of good governance. Merely by pleading that appellant will stand disqualified by the conviction is no ground to suspend it”.

The court also said, “The law as is continuously being held, reiterated and referred to is that powers of suspension of conviction should be exercised in rare cases only. The conviction of the appellant is for rioting, rioting armed with deadly weapon, endangering life or personal safety of others, assault or criminal force to deter public servant from discharging his duty, intentional insult with intent to provoke breach of peace and criminal intimidation, which had caused a law-and-order problem and had thrown the peace of the citizens out of gear.”

The court pointed out that “Section 8 of the Representation of People’s Act, 1951, stipulates the disqualification after conviction in certain offences. The offences under the Indian Penal Code covered by the Act are which have the potentiality to destroy the core values of a healthy democracy, safety of the state, economic stability, national security, and prevalence and sustenance of peace and harmony among citizens and many others”.

On November 18, the high court had suspended the sentence awarded to Saini by the MP/MLA Court in the riot case, granted him bail and fixed November 22 for hearing the application seeking suspension of conviction in the same case.

The counsel representing Saini had taken the plea that he (Saini) was implicated in the present case due to political vendetta, as a government headed by a rival party was in power when the Muzaffarnagar riots took place in 2013. Besides, it is a case of no injury and no public witness is available.

It was also contended on behalf of his counsel that as a consequence of conviction, Saini has been declared disqualified as MLA and his assembly constituency — Khatauli — had become vacant.

In addition to it, as per Section 8 of the Representation of People’s Act, he cannot contest election for a subsequent period of six years, as he has been convicted by a court. Hence, in view of it, his conviction may be suspended in the interest of justice, the counsel further pleaded.

On the other hand, the counsel appearing on behalf of the state government opposed the prayer for suspending the conviction.

Rejecting all the pleas taken by Saini’s counsel, the court said: “The grounds as taken do not in any manner appeal to the court. There is a full-fledged trial conducted after which the appellant has been convicted. The trial court has found the evidence to be trustworthy and reliable.”IANS

‘Hare-brained idea’, SC junks PIL seeking registration of live-in relationships with Centre

New Delhi: The Supreme Court on Monday junked a PIL seeking framing of norms for registration of every live-in relationship with the central government, saying it is a "hare-brained" idea....

Sealed covers are against settled judicial principles, says SC after Centre gives sealed cover in OROP case 

The Supreme Court on Monday said that it is planning to put to an end the practice of allowing litigants to make submissions in sealed covers after the Union government...

Atiq Ahmad’s wife, sons to be named as gang members

Prayagraj: In a first, Shaista Parveen , wife of mafia-turned-politician Atiq Ahmad, and their three sons will now be named as members of his gang registered as IS-227 in police...

Community certificate rectifies historical injustice: SC ends bankman’s 20-yr ordeal for justice

New Delhi: For nearly 20 years, R. Sundaram, who retired as a scale 3 officer of the Indian Bank after a tenure of 38 years, ran from pillar to post...

NCSC takes cognizance of derogatory remarks by Ram Rahim

Chandigarh: Taking cognizance of a viral news video wherein self-styled jailed godman and Dera Sacha Sauda chief Gurmeet Ram Rahim, who is undergoing a 20-year sentence for raping his two...

Sri Rama Sena leader held guilty by K’taka court in hate speech case

Yadgir (Karnataka): Karnataka local court on Friday held Sri Rama Sena state President Siddalinga Swamy, pontiff of Karuneshwara Mutt in Andola, guilty of hate speech. The Karnataka Police had lodged...

Twitter can’t seek protection under Article 19, don’t give relief: Centre to K’taka HC

Bengaluru: The Centre has submitted to the Karnataka High Court that American microblogging platform Twitter cannot take protection under Article 19 of the Constitution which ensures freedom of speech and...

K’taka bribe case: Lokayukta to file another case against accused BJP MLA

Bengaluru: The Lokayukta sleuths are preparing to file another case against BJP MLA Madal Virupakshappa, accused in a bribe for tender case, regarding the accumulation of disproportionate wealth, sources said...

BCI allows foreign lawyers to practice in India

In a significant development, the Bar Council of India (BCI) has decided to permit foreign lawyers and law firms to practise in areas such as foreign law, international legal issues...

‘Larger conspiracy by Centre’, K. Kavitha moves SC against ED’s summons

New Delhi: The Supreme Court on Wednesday agreed to hear on March 24, a plea by Bharat Rashtra Samithi (BRS) MLC K. Kavitha against her questioning and also seeking protection...

‘Precipitates the fall of a govt’, SC queries Maha Governor’s call for trust vote

New Delhi: The Supreme Court on Wednesday shot a volley of tough questions at Solicitor General Tushar Mehta, representing the Maharashtra Governor, while hearing pleas in connection with the political...

6 jail officials suspended for helping Atiq’s brother

Bareilly: The Uttar Pradesh government has suspended six Bareilly prison officials, including the jailer, for allegedly facilitating illegal meetings between prisoner Khalid Azeem a.k.a. Ashraf and his henchmen and brother-in-law....

Read Previous

UP Police claim: ‘Rats ate up 581 kg marijuana’

Read Next

Costly eatables sold at multiplexes, posh restaurants contain operational charges: Govt

Leave a Reply

Your email address will not be published.

WP2Social Auto Publish Powered By :