A bench comprising Justices S. Abdul Nazeer and Vikram Nath said: “The conviction is, hereby, stayed until the appeals are decided accordingly.”
(File Photo: IANS)
The Supreme Court on Tuesday stayed the conviction of Hardik Patel, Gujarat Congress working president, in the Mehsana rioting case.
A bench comprising Justices S. Abdul Nazeer and Vikram Nath said: “The conviction is, hereby, stayed until the appeals are decided accordingly.”
The bench added that it was a fit case for the Gujarat High Court to have stayed Patel’s conviction in the matter. “Having heard senior counsel Maninder Singh and having regard to the facts and circumstances, we are of the view that this is the fit case for the high court to have stayed the conviction,” said the bench.
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Senior advocate Maninder Singh, representing Patel, submitted that not allowing his client to contest election is a violation of his right to freedom of expression. Singh added, “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.”
Solicitor General Tushar Mehta, representing the Gujarat government, said that Patel contesting elections is not the issue before the court, rather the matter should be decided based on parameters in criminal law.
Singh submitted that the state is misusing police powers. “I don’t know what they have to say, but my lords must decide this case soon,” added Singh.
Patel had approached the Gujarat High Court prior to the 2019 general elections seeking a stay on conviction. The high court rejected his plea, and he could not contest the election. Patel moved the top court challenging this order.
In 2015, Patel had spearheaded the Patidar agitation demanding reservation for the Patidar community. The agitation had led to violence leaving a BJP MLA’s office vandalised.
Patel had sought a direction to suspend the conviction order passed by a sessions court in Mehsana in July 2018.
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