HC to hear plea for suspension of Saini’s conviction today

Application not on court record, HC asks for it to be traced

ON TUESDAY, THE HIGH COURT WILL HEAR THE PARTIES ON THE ISSUE OF SUSPENSION OF CONVICTION.

PRAYAGRAJ: The Allahabad high court on Monday adjourned the hearing in disqualified BJP MLA Vikram Saini’s plea challenging his conviction in a 2013 Muzaffarnagar riots case as his application for suspension of conviction was not on the court record.

On Tuesday, the high court will hear the parties on the issue of suspension of conviction.

Justice Samit Gopal, while passing the order, observed, “Learned counsel for the appellant states that he has filed an application for suspension of conviction of the appellant in the office on 19.11.2022 but the same is not on record.”

“Office is directed to trace out the same and place it on record by the next date. Let the matter be listed tomorrow i. e. on November 22, 2022.” Justice Gopal added.

Earlier, on November 18, the high court had suspended the sentence awarded by a lower court to Saini in the riot case. The court also granted him bail in the same case.

However, Saini will remain disqualified as the high court has not given a stay on his conviction, an official spokesperson for the Uttar Pradesh legislative assembly had said on Sunday.

Special judge, MP/MLA court, Muzaffarnagar had on October 11sentenced 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 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. Earlier, 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.

Saini’s counsel took the plea that there is no credible evidence against him. He further contended that there is no public witness to support the prosecution case. Further, it is a case of no injury. On the other hand, the state government’s counsel opposed the suspension of sentence.

On November 18, the high court directed Saini’s release on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.