Representative Of People Should Be A Man Of Clear Antecedent: P&H High Court Dismisses Akali Leader's Plea For Stay On Conviction

Essentially, the Bench of Justice Gurmeet Singh Sandhawalia and Justice Sant Parkash was hearing the plea of one Yadwinder Singh, a SAD leader intending to contest upcoming assembly elections in Punjab and therefore, seeking stay on conviction.

"Registration of criminal cases against the applicant shows his character, antecedents, and mental propensity. Though he has been acquitted in most of the cases but the registration of so many cases would lead an irresistible and unerring conclusion that he is certainly not entitled to the relief claimed," the Court observed.

Further, expressing its apprehension that if the order of conviction is stayed, there is every possibility and likelihood that he may indulge in similar activities and may cause obstructions in the coming elections, the Court dismissed his plea.

Background of the matter

The application by the SAD leader was filed under section 389 of Cr.P.C. seeking the stay of his conviction imposed vide judgment of conviction passed in the year 2016, in connection with a 2002 case for causing grievous hurt with a dangerous weapon among other offences.

It was clear from the record that the applicant was a member of an unlawful assembly and as many as 18 injuries were inflicted on the person of the complainant.

Pursuant to his conviction, he was ordered to undergo three years of imprisonment and since a convict who has been ordered to undergo three and more years is barred from contesting polls, he had moved the High Court along with his 389 CrPC plea for a stay of conviction so that he may contest the upcoming polls.

Court's observations

The Court, at the outset, said that it is a settled proposition that relief of conviction cannot be claimed as a right before the court of law and that the same depends on the discretion of the court to stay the conviction in a judicious manner after considering the facts and circumstances of the cases.

"Unless the attention of the Court is drawn to the specific consequences that would follow on account of the conviction, the person convicted cannot obtain an order of stay of conviction. Further, grant of stay of conviction can be resorted to in rare cases depending upon the special facts of the case," the Court observed as it notes that the SAD leader had failed to draw attention of the Court towards any circumstance where this Court can grant stay of conviction.

Lastly, observing that the representative of the people should be a man of clear antecedent but to the contrary, there were as many as 14 criminal cases against the SAD leader, the Court did not find any merit in the instant application and the same was thereby dismissed.

Case title - Yadwinder Singh @ Yadu v. State of Punjab

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