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Allahabad HC reserves order on plea seeking suspension of disqualified BJP MLA Saini’s conviction
Saini had filed a criminal appeal in the HC challenging his conviction in the 2013 Muzaffarnagar riot case
The Allahabad high court on Tuesday reserved its order on an application seeking suspension of conviction in a criminal appeal filed by disqualified BJP MLA Vikram Saini, challenging his conviction in the 2013 Muzaffarnagar riot case.
Justice Samit Gopal passed the order after hearing counsel for Saini and the state government. During the court proceedings, senior advocate IK Chaturvedi assisted by advocate Aditya Upadhya argued on behalf of the Saini that he was implicated in the present case due to political vendetta as a government headed by a rival party was in power when the Muzaffarnagar riot took place.
“Besides, it is a case of no injury and there is no public witness to support this case,” they contended. It was also contended on behalf of appellant’s counsel that as a consequence of conviction, Vikram Saini had been declared as disqualified as an MLA and his assembly seat–Khatauli (in Muzaffarnagar)—had become vacant.
“In addition to it, as per section 8 of 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 stayed in the interest of justice,” the counsel pleaded. The byelection to Khatauli assembly seat is scheduled to be held on December 5.
On the other hand, the counsel for the state government opposed the prayer for suspending Saini’s conviction. Earlier on November 18, the high court had suspended the sentence awarded by a lower court to Saini in the riot case. The court had also granted him bail in the same case.
Special judge, MP/MLA court, Muzaffarnagar had on October 11 sentenced Saini, who was elected MLA from Khatauli in Muzaffarnagar, and 10 others to two years’ imprisonment in a case relating to the 2013 Muzaffarnagar riots.
The MP/MLA court of Muzaffarnagar had convicted and sentenced Saini on charges related to Indian Penal Code sections 147 (rioting), 148 (rioting, armed with deadly weapon), 336 (act endangering life or personal safety of other), 504 (intentional insult with intent to provide breach of peace), 506 (criminal intimidation) and others. The court had acquitted all the accused of the charge of attempt to murder. Saini had challenged his conviction and sentence before the high court by filing the present criminal appeal.
