SC stays conviction of Congress leader Hardik Patel in rioting case
New Delhi (PTI): The Supreme Court on Tuesday stayed the conviction of Gujarat Congress working president Hardik Patel in a rioting and arson case.
A bench of Justices S A Nazeer and Vikram Nath said this is a fit case for the high court to have stayed the conviction.
At the outset, senior advocate Maninder Singh submitted that not allowing Patel to contest election is a violation of his right to freedom of expression.
"It is a violation. I have already lost one chance to contest the election in 2019. We are before your lordships to get our rights under Article 19(1)(a) to be enforced. They have misused the police power. Therefore, I don't know what they have to say, but my lords must decide this case soon," he said.
Solicitor General Tushar Mehta said the basic parameters for conviction are set.
"In criminal law, there is no one standard guideline to say which one is right. Your lordship may decide the issue. Whether Patel might have won or not, is not the issue in this case," he said.
The bench then passed the order and said,"Having regard to the facts and circumstances, we are of the view that this is the fit case for the high court to have stayed the conviction. The conviction is, hereby, stayed until the appeals are decided accordingly."
The top court was hearing a plea filed by Patel against the judgment of the Gujarat High Court seeking suspension of the conviction so that he could contest the 2019 Lok Sabha elections.
Patel had sought a direction to suspend the conviction order passed on July 25, 2018, by a sessions court in Mahesana in Visnagar.
He had also challenged the validity of the high court's order of March 29 refusing his plea for a stay on the conviction.
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INDIA bloc confident of stopping BJP from getting majority in polls, people fighting for us: Kharge
New Delhi (PTI): Congress president Mallikarjun Kharge on Tuesday asserted that the response of the people towards his party and INDIA bloc has changed significantly and there is a big undercurrent in favour of the alliance which will be able to stop the BJP from getting the majority numbers in Lok Sabha polls.
In an interview with PTI, he said it is the people who are now fighting for them and against the ideology of the BJP and the RSS which spreads "hatred and division" in society.
The Congress chief said people feel the fight is now to save democracy and the Constitution and have extended support to the party.
Kharge also accused the BJP of repeatedly instigating people and "emotionally looting" them in the name of Ram Temple, Hindu-Muslim and India-Pakistan and claimed they have now understood their true colours.
"After travelling across the country, we are getting the sense that there is a big undercurrent in our favour. The Congress party and coalition partners of INDIA bloc will get more seats this time. We will be able to stop the BJP from getting the seats required for coming to power. I feel the BJP will not be able to form its government," he told PTI.
"It is the public which is fighting for us and it is not just us. People are supporting the ideology that we follow and are fighting for us. It is clear that the BJP will lag behind and we will move forward," Kharge also said.
Asked from where they were getting the confidence, Kharge said the response of people towards them and how they have started supporting them and are fighting for their ideology is giving him such confidence.
Terming this Lok Sabha election as crucial, he said the call to save the Consitution and democracy is for saving the fundamental rights and the freedom of speech and expression of all Indians.
Five phases of the seven-phase Lok Sabha polls are over.
Kharge said that people are also upset over price rise and unemployment as they have emerged as two major issues in these polls. He said the BJP has also not been able to fulfil the promises made earlier, be it providing two crore jobs, getting back black money from abroad and doubling farmers' incomes.
The Congress president also accused the government of speaking "lies" and befooling people and claimed the people have understood their intentions and they now stand exposed before them.
"They first looted them emotionally and instigated them, but now they have understood. They have been repeatedly talking about Ram Temple, Hindu-Muslim and India-Pakistan...The BJP creates a hype and is not even appreciating the work done by the Congress in the past. They talk of chicken, buffalo, mangalsutra, land, does the prime minister talk like this," he claimed.
With two narratives of reservation and the Constitution emerging as major poll issues this election, Kharge said it is not a question of which one is winning.
"Who started saying that to change the Constitution, we need a two-third majority and want 400-paar. RSS chief Mohan Bhagwat has also talked about reservation. They cannot take away what is written in the Constitution, but not implementing them. They want to change the Constitution, because they want to appoint their own and RSS people there, who are not even qualified. That is why we say that the BJP is not implementing what is written in the Constitution.
"They do not even accept democracy, as they have toppled democratically-elected governments in Madhya Pradesh, Karnataka, Telangana, Manipur, Uttarakhand, Goa. Where have they not done? They do not follow the democratic path and do not work as per the Constitution. That is why we call for saving the Constitution and democracy, as it will save everyone's fundamental rights," he noted.
Kharge claimed the right to freedom of speech and expression is being curbed and saving the Constitution means saving the fundamental rights and freedom of speech and expression of all Indians.
"They are suppressing democracy and are opposing the Constitution, that is why this election is very significant - from children to the elderly and from print media to television and even social media users," he asserted.
The Congress president also said that with elections underway, opposition leaders are being threatened and harassed and put behind bars, not allowing them to even campaign.
"There is no level playing field being maintained by the BJP, as opposition leaders are being threatened. These things are not good in a democracy and an authoritarian rule is being implemented," he claimed.
