1. Conviction under Sections 153A and 505(1)(b) of the IPC and Section 125 of the Representation of People Act 1951 — Appeal and application for stay of conviction. (Para 1 , 2 , 3 , 4 )
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2022 Supreme(SC) 1706
SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, CJI., Hima Kohli, J.B. Pardiwala, JJ.
Mohammad Azam Khan – Appellant
Versus
Election Commission of India & Ors. – Respondents
Writ Petition (Civil) No. 980 of 2022
Decided On : 09-11-2022
Advocates appeared:
Mr. P. Chidambaram, Snr. Advocate, Mr. Nizam Pasha, Advocate, Mr. Javedur Rahman, Advocate, Mr. Mudassir, Advocate, For the Appellant / Mr. Arvind P. Dattar, Sr Advocate, Mr. Amit Sharma, Advocate, Mr. Dipesh Sinha, Advocate, Ms. Pallavi Barua, Advocate, Ms. Garima Prasad, Sr. Advocate, AAG, Mr. Ajay Vikram Singh, Advocate, Ms. Priyanka Singh, Advocate, Ms. Priyanka Swami, Advocate, Ms. Pranjali Goel, Advocate, Mr. Sharjeel Ahamad, Advocate, Mr. Ashok Kumar Chaudhary, Advocate, For the Respondent.
Mr. P. Chidambaram, Snr. Advocate, Mr. Nizam Pasha, Advocate, Mr. Javedur Rahman, Advocate, Mr. Mudassir, Advocate, For the Appellant / Mr. Arvind P. Dattar, Sr Advocate, Mr. Amit Sharma, Advocate, Mr. Dipesh Sinha, Advocate, Ms. Pallavi Barua, Advocate, Ms. Garima Prasad, Sr. Advocate, AAG, Mr. Ajay Vikram Singh, Advocate, Ms. Priyanka Singh, Advocate, Ms. Priyanka Swami, Advocate, Ms. Pranjali Goel, Advocate, Mr. Sharjeel Ahamad, Advocate, Mr. Ashok Kumar Chaudhary, Advocate, For the Respondent.
Important Points
Expedited hearing of application for stay of conviction in light of upcoming election schedule.
Subject
Criminal Law - Conviction and Sentencing
Act Referred
Headnote
Conviction - Stay of Conviction - The court issued directions to pre-pone the hearing of the application for stay of conviction and take it up peremptorily, in order to enable the petitioner to have an opportunity to move the Sessions Court to apply for stay of the conviction.
Fact of the Case:
The petitioner was convicted for various offences and sought interim bail and stay of the conviction. The court issued directions to expedite the hearing of the application for stay of conviction.
Finding of the Court:
The court directed the Additional Sessions Judge to pre-pone the hearing of the application for stay of conviction and dispose of it on the same day, in consideration of the upcoming election schedule.
Issues: Conviction, Stay of Conviction, Expedited Hearing
Ratio Decidendi: The court's decision was influenced by the need to address the petitioner's request for stay of conviction before the upcoming election schedule.
Final Decision: The court issued directions to expedite the hearing of the application for stay of conviction and communicated the order to the Sessions Judge.
Legal Category Hierarchy
Table of Contents
2. Petitioner seeks stay of conviction pending appeal to prevent the impact of conviction on election eligibility. (Para 4 )
3. The court finds it necessary to ensure the petitioner has an opportunity to seek a stay of conviction before election notifications are issued. (Para 5 )
4. Procedural fairness allows the court to expedite the hearing of a stay application to ensure legal remedies are pursued before administrative election notifications take effect. (Para 5 )
5. Directions to pre-pone the stay application hearing and defer the election notification until the application is disposed of. (Para 5 , 7 , 8 )
6. Can the court expedite the hearing of a stay of conviction application to ensure a party's right to seek remedy before an election notification?
Yes, the court may direct the lower court to pre-pone the hearing and dispose of the stay application peremptorily to allow the petitioner an opportunity to seek a stay before the election schedule is issued. (Para 5 )
7. How does the court handle the timing of election notifications in relation to pending stay applications for conviction?
The court may direct that the Gazette notification for the election schedule be issued only after the outcome of the application for stay of conviction is determined. (Para 5 )
ORDER
1. By an order dated 27 October 2022, the Additional Chief Judicial Magistrate, Special Court, MP-MLA, Rampur convicted the petitioner in connection with Case No 305/2019/FIR Case Crime No 185/2019, PS Milak for the following offences with corresponding sentences:
(i) Section 153A of the IPC - imprisonment for a period of 3 years and fine of Rs 2,000/-;
(ii) Section 505(1)(b) of the IPC - imprisonment for a period of 3 years and fine of Rs 2,000/-; and
(iii) Section 125 of the Representation of People Act 1951 - imprisonment for a period of 3 years and fine of Rs 2,000/-
2. On 28 October 2022, the Secretariat of the Legislative Assembly issued a Gazette notification declaring the 37-Rampur Assembly Constituency vacant.
3. On 5 November 2022, the Election Commission of India issued a Press Release declaring the schedule for by-elections in five assembly constituencies across various States including the 37-Rampur Assembly Constituency. The Gazette notification is due to be issued on 10 November 022.
4. The petitioner has instituted an appeal against the order of conviction today, on 9 November 2022. The Sessions Judge, Rampur, the Court is informed, has granted interim bail to the petitioner on an application being moved in that behalf. The petitioner has also sought a stay of the conviction which is posted for hearing on 15 November 2022.
5. In order to enable the petitioner to have an opportunity to move the Sessions Court to apply for stay of the conviction, we issue the following directions:
(i) The Additional Sessions Judge, Rampur before whom the appeal has been filed shall pre-pone the hearing of the application for stay of conviction and take it up peremptorily on 10 November 2022;
(ii) The application for stay of conviction shall be disposed of by the Additional Sessions Judge on the same day, i.e. 10 November 2022; and
(iii) The Gazette notification for declaring the election schedule for the 37- Rampur Assembly Constituency may be issued on or after 11 November 2022 depending upon the outcome of the application for stay of conviction.
6. The order shall be communicated during the course of the day by the Registrar (Judicial) to the Sessions Judge, Rampur, Uttar Pradesh.
7. The Petition shall stand disposed of in the above terms.
8. Pending applications, if any, stand disposed of.
