The Supreme Court will on Friday hear disqualified Samajwadi Party lawmaker Abdullah Azam Khan’s plea for a stay on his conviction, which has necessitated a by-election to his Suar assembly seat on May 10.
Senior advocate Vivek Tankha, who appeared for Khan, said Thursday was the last date for filing nominations for the by-poll.
A bench of Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justice PS Narasimha agreed to list Khan’s petition.
In March, Khan moved the Supreme Court against an interim order of the Allahabad high court, which issued a notice on his petition against the conviction and posted the matter for a hearing three weeks later. On April 5, the top asked the high court to hear the matter on April 10.
A trial court on February 13 convicted Khan and sentenced him to maximum two-year imprisonment for assaulting and using criminal force against a public servant to deter him from performing his duty during a sit-in. He was disqualified as an assembly member on March 29.
On April 13, the high court said Khan was seeking a stay on “absolutely non-existent” grounds. The court said Khan faces 46 criminal charges and the need to have “purity in politics” demands that public representatives be “men of clear antecedents”.
{{/usCountry}}On April 13, the high court said Khan was seeking a stay on “absolutely non-existent” grounds. The court said Khan faces 46 criminal charges and the need to have “purity in politics” demands that public representatives be “men of clear antecedents”.
{{/usCountry}}“Refusal to stay the conviction would not, in any way, result in injustice to the applicant.”
Khan argued his conviction cannot be sustained as he was a minor when slapped with charges he was convicted of.
Any elected representative sentenced for any offence for two years or more faces immediate disqualification under the Representation of People Act.