The Allahabad High Court on Tuesday reserved its order on a criminal appeal filed by disqualified BJP MLA Vikram Saini, challenging his conviction in a case related to the 2013 Muzaffarnagar riots.
Justice Samit Gopal reserved the order after hearing Saini's and state counsels. During the court proceedings on Tuesday, senior advocate I K Chaturvedi, assisted by Aditya Upadhya, argued on behalf of Saini.
Chaturvedi said his client was implicated in the case due to political vendetta as a government headed by a rival party was in power when the Muzaffarnagar riots happened. Besides, it is a case of no injury and no public witness is available, they argued.
It was also contended on behalf of the appellant that as a consequence of conviction, Saini has been disqualified as MLA and his assembly seat --Khatauli -- has declared vacant. Also, per section 8 of the Representation of the People Act, he cannot contest an election for a subsequent period of six years as he has been convicted by a court.
Hence, in view of it, his conviction may be stayed in the interest of justice, the counsels further pleaded. The bye-election for the Khatauli assembly seat is scheduled to be held on December 5.
The state government counsel opposed the prayer for staying the conviction, saying Saini was an accused and had been chargesheeted. During the investigation, the police found him involved in offences alleged, the counsel argued.
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.
(With PTI Inputs)
