Hardik Patel moves SC for stay on conviction

Patidar

leader Hardik Patel, who recently joined Congress, moved the Supreme Court on Monday seeking stay of his conviction in a rioting case registered against him during the 2015 quota agitation in

Gujarat

and pleaded that non-grant of relief would prevent him from contesting the

Lok Sabha

elections.


Challenging the Gujarat HC’s order rejecting his plea for stay of his conviction, Patel’s appeal said since he was the voice of the Patidar community during the agitation seeking reservation in government jobs for the community, the BJP government in the state got several "false FIRs" registered to muzzle the voice of the masses.

Patel was convicted in one of the cases by a Mehsana sessions court on July 25 last year and was sentenced to two years imprisonment. Under the Representation of the People Act, any person convicted for two or more years in a criminal case would not be eligible to contest any election to any House of assembly or Parliament.

Patel, who joined Congress on March 12, cited the SC’s 2007 order in a case relating to Navjot Singh Sidhu and said the apex court had stayed his conviction which enabled him to contest elections. He said the HC erred in not taking into account his counsel’s argument that the conviction in the rioting case was based on hearsay evidence and hence should be stayed. Arguing against grant of stay, the state government had told the HC that as many as 17 FIRs had been registered against Patel for the 2015 rioting.

The Patidat leader said the HC failed to examine the consequences that might arise from refusal to stay the conviction and the irreparable loss that would be caused to him by depriving him of his right to contest elections.