High Court Refuses To Suspend Ex-MLA's Conviction Ahead Of Haryana Assembly Polls, Says 'No Dearth Of Law Abiding Citizens To Contest Election'

The Punjab and Haryana High Court has refused to suspend conviction of a former MLA, in abetment to suicide case, stating that prima facie findings recorded by the trial Court are fairly convincing.

Ram Kishan Gujjar- a former MLA, was convicted in 2017 due to which he was disqualified to contest upcoming Haryana Assembly Election in terms of Section 8(3) of the Representation of People's Act 1951.

Justice Mahabir Singh Sindhu said, "there is no dearth of law-abiding citizens to contest the ensuing election for the Legislative Assembly in the State of Haryana; thus, present applicant, who is a convict under Section 306 IPC and sentenced to undergo rigorous imprisonment for 04 years, would not be an indispensable person for this purpose."

The application was filed under Section 430 of the Bhartiya Nagarik Suraksha Sanhita, 2023 ( BNSS) for suspension of conviction recorded by the trial Court against Gujjar in 2017 in a case pertaining to abetment to suicide case.

Gujjar, along with other accused persons was convicted under Section 306 IPC read with Section 34 IPC and sentenced for rigorous Imprisonment for 04 years and fine of Rs.10,000.

As per prosecution case, Gujjar, along with other co-convicts, in furtherance of common intention, instigated and abetted the victim Pankaj Khanna @ Sunny, to commit suicide due to publication of some news item, thereby highlighting certain corrupt practices and his questionable conduct.

It was contended that Gujjar was elected MLA from Haryana's Naraingarh constituency in 2009 and remained in office unto 2014. However, due to the disqualification attached in terms of Section 8(3) of the RP Act 1951, he could not contest the Assembly Eelection in the year 2019; and again, facing the similar predicament for 2024 Assembly Elections.

Therefore, Senior counsel representing Gujjar contended that in case, the conviction of applicant is not suspended, he will suffer an irreversible loss, which cannot be compensated.

After hearing the submissions, the Court observed, "There is no quarrel that right to contest election is neither a fundamental right; nor such a right is available under the common law; rather, it is purely a statutory right conferred under the provisions of RP Act 1951."

Referring to Rama Narang's case, the Court said "it is fairly well-settled by Hon'ble the Supreme Court that conviction can be suspended/stayed by the appellate Court in exceptional case(s)."

The Court further noted that in 2019 also Gujjar made a similar attempt for stay of his conviction but remained unsuccessful before the coordinate bench.

Justice Sindhu highlighted that on cursory examination of the material on record, it appears prima facie that findings recorded by the trial Court are fairly convincing.

"Moreover, at this stage, deeper analysis/observation(s) on the merits of the pending appeal, may prejudice the case of either parties; hence, it would not be appropriate for this Court to comment any further in this regard," the Court added.

In the light of the above, the Court said exceptional circumstance could not be proved warranting suspension of conviction imposed against Gujjar. It also opined that Gujjar is not going to suffer any irreversible loss, in case, his conviction is not suspended by the Court.

Title: RAM KISHAN GUJJAR V.STATE OF HARYANA

Mr. Pawan Kumar, Senior Advocate, with Mr. Madhur Panwar, Mr. Varun Hooda, & Ms. Vidushi Kumar, Advocates, for the applicant/appellant.

Mr. Kiran Pal Singh, AAG, Haryana.

 Citation: 2024 LiveLaw (PH) 243

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