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[Muzaffarnagar riots] Allahabad High Court rejects plea by ex-BJP MLA Vikram Saini for stay on conviction

Justice Samit Gopal observed that merely pleading that due to the conviction, Saini (appellant/accused) would stand disqualified as per the Representation of the People Act, 1951, is no ground to suspend the conviction.

“The law as is continuously being held, reiterated and referred too is that powers of suspension of conviction should be exercised in rare cases only…Section 8 of the Act, 1951 stipulates the disqualification on conviction for certain offences. The offences under the Indian Penal Code covered by the act are which have the potentiality to destroy the core values of a healthy democracy, safety of the State, economic stability, national security, and prevalence and sustenance of peace and harmony amongst citizens and may others,” observed the Court.

The criminal activities resulting in disqualification are related to various spheres pertaining to the interest of the nation, common citizenry interest, communal harmony, and prevalence of goods governance, the Court added.

Source: Barandbench

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