The Supreme Court on Tuesday stayed the conviction of Gujarat Congress working president Hardik Patel in a rioting and arson case. A bench of Justices S A Nazeer and Vikram Nath mentioned it is a match case for the excessive courtroom to have stayed the conviction.
At the outset, senior advocate Maninder Singh submitted that not permitting Patel to contest election is a violation of his proper to freedom of expression.
“It is a violation. I have already lost one chance to contest the election in 2019. We are before your lordships to get our rights under Article 19(1)(a) to be enforced. They have misused the police power. Therefore, I don’t know what they have to say, but my lords must decide this case soon,” he mentioned.
Solicitor General Tushar Mehta mentioned the fundamental parameters for conviction are set. “In criminal law, there is no one standard guideline to say which one is right. Your lordship may decide the issue. Whether Patel might have won or not, is not the issue in this case,” he mentioned.
The bench then handed the order and mentioned,”Having regard to the info and circumstances, we’re of the view that that is the match case for the excessive courtroom to have stayed the conviction. The conviction is, hereby, stayed till the appeals are determined accordingly.”
The prime courtroom was listening to a plea filed by Patel in opposition to the judgment of the Gujarat High Court searching for suspension of the conviction in order that he might contest the 2019 Lok Sabha elections.
Patel had sought a path to droop the conviction order handed on July 25, 2018, by a classes courtroom in Mahesana in Visnagar. He had additionally challenged the validity of the excessive courtroom’s order of March 29 refusing his plea for a keep on the conviction.
Source: www.financialexpress.com”