[Muzaffarnagar riots] Allahabad High Court rejects plea by ex-BJP MLA Vikram Saini for stay on conviction

The Allahabad High Court on Tuesday rejected an application filed by ex-Bharatiya Janata Party (BJP) MLA, Vikram Saini seeking stay on his conviction in connection with the 2013 Muzaffarnagar riots [Vikram Singh Saini v State of UP]..Justice Samit Gopal observed that merely pleading that due to the conviction, Saini (appellant/accused) would stand disqualified as per the Representation of the People Act, 1951, is no ground to suspend the conviction."The law as is continuously being held, reiterated and referred too is that powers of suspension of conviction should be exercised in rare cases only...Section 8 of the Act, 1951 stipulates the disqualification on conviction for 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 amongst citizens and may others," observed 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 goods governance, the Court added..The case arose when in August, 2013 three youths Shahnawaz, Sachin and Gaurav were killed at Kawal town in Muzaffarnagar.The police had after investigation informed that, Sachin and Gaurav, the main accused in the murder of Shahnawaz, were killed by villagers which ultimately led to communal riots in Muzaffarnagar and adjoining districts.BJP MLA Saini who represents Khatauli in Uttar Pradesh now, was the then Pradhan of Kawal village where violence took place. .On October 11, 2022 a special MP/MLA Court in Uttar Pradesh had sentenced Saini and ten others to two years imprisonment for rioting and other offences under Indian Penal Code (IPC) including Sections 336 (act endangering life or personal safety of others), 353 (assault or criminal force to deter public servant from discharging his duty), 147 (rioting), 148 (rioting armed with deadly weapons), and 149 (unlawful assembly)..Challenging his conviction, Saini moved a criminal appeal which was admitted and is pending for hearing. Further, his sentence was also suspended. The present application sought stay on conviction so that he is not disqualified as an MLA..Rejecting the present plea, the Court noted,"The conviction of the appellant / applicant if 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 relied on Supreme Court judgments in Navjot Singh Sidhu v. State of Punjab and Lok Prahari v. Election Commission of India, to hold that the law is well settled that the power to suspend conviction should be exercised in rare cases only..Advocate Aditya Upadhyay represented the appellant..[Read Order]