Court stays AAP MLA’s conviction

Tribune News Service

Ropar, June 5

A sessions court has stayed the conviction of Aam Aadmi Party’s (AAP) Patiala Rural legislator Dr Balbir Singh in a criminal case. The court of Additional Sessions Judge BS Romana has also allowed suspension of the sentence on the application of the MLA.

On May 23, Additional Chief Judicial Magistrate Ravi Inder Singh had sentenced the legislator and three others, including his wife and son to three-year rigorous imprisonment in an assault case. At the time, the court had also granted bail to the three.

The Patiala Rural legislator had challenged the judgment and filed an appeal against the sentence and conviction.

The MLA’s counsels, including RS Cheema, HDS Bains and APS Bawa, during arguments on May 30 submitted in the court that as per Section 8 (3) of the Representation of the People Act 1951, “a person convicted of any offence and sentenced to imprisonment for no less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a period of six years since his release”.

They further submitted the incident had taken place 11 years ago on June 13, 2011, and that the appellant had contested the Assembly elections in 2022. The counsels also claimed the trial court didn’t consider few provisions before sentencing the appellant.

Allowing the application, the judge observed the decision of the trial court was not final and in case the conviction was not stayed and the appellant was disqualified, fresh elections would be required to be conducted for the Assembly constituency being represented by the appellant, resulting in heavy burden on the state exchequer. The next date of hearing has been fixed for July 4 in the case.

2011 assault case

On May 23, a lower court had sentenced Patiala Rural MLA Dr Balbir Singh and three others, including his wife and son, to three-year RI in a 2011 assault case. The court had also granted them bail.

Court stays AAP MLA’s conviction
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