PRAYAGRAJ: The Allahabad high court on Monday adjourned till Tuesday (November 22), the hearing on disqualified BJP MLA Vikram Saini’s plea challenging his conviction in 2013 Muzaffarnagar riot case, as his application for suspension of conviction was not in the court record.
While adjourning the criminal appeal filed by Saini, Justice Samit Gopal said, “The counsel for the appellant states that he has filed an application for suspension of conviction of the appellant in the office on November 19, 2022 but the same is not on record.”
Hence, the court, while fixing November 22 as the next date of hearing, directed the office of high court to trace the said application and place it on record by the next date.
Earlier, on November 18, the high court had suspended the sentence awarded by a lower court to Saini in the Muzaffarnagar riot case. The court also granted him bail in the same case.
Special judge, MP/MLA court, Muzaffarnagar had on October 11 sentenced Saini, who was elected MLA from Khatauli in Muzaffarnagar in the recent assembly polls, and 10 others to two years’ imprisonment in a case relating to the 2013 riots.
The MP/MLA court of Muzaffarnagar had convicted and sentenced Saini on charges related to Indian Penal Code sections 147 (rioting), 148 (rioting, armed with deadly weapon), 336 (act endangering life or personal safety of other), 504 (intentional insult with intent to provide breach of peace), 506 (criminal intimidation) and others. The court had acquitted all the accused of the charge of attempt to murder.
Saini had challenged his conviction and sentence before the high court by filing the present criminal appeal. However, as per the Supreme Court's order of 2013, he was disqualified from the assembly and his seat declared vacant. The Election Commission has already announced the bypoll in Khatauli, along with Rampur assembly and Mainpuri Lok Sabha seat on December 5.
