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Sidhu moves court, seeks stay of conviction

Legal Correspondent

Otherwise, he will not be able to contest from Amritsar-2 constituency


  • Execution of sentence already suspended
  • "High Court erred by reversing trial court's acquittal order"

    New Delhi: The former BJP Member of Parliament, Navjot Singh Sidhu, on Wednesday pleaded in the Supreme Court for stay of the conviction and sentence imposed on him by the Punjab and Haryana High Court in a murder case.

    Senior counsel Harish Salve told a Bench, comprising Justices G.P. Mathur and R.V. Raveendran, that a stay of the conviction was necessary to enable Mr. Sidhu to contest the Lok Sabha by-election from the Amritsar-2 constituency in Punjab. The nomination commences on Thursday.

    Though the execution of the sentence had been suspended, he could not contest the elections unless the conviction was also stayed. Unlike a case under the Prevention of Corruption Act, this was a case in which the trial court had acquitted him.

    Further, the offence had nothing to do with his public life, counsel said, and added that Mr. Sidhu wanted to contest the polls to serve the people.

    The arguments will continue on Thursday.

    The 43-year-old cricket commentator, who resigned from the Lok Sabha after his conviction, was sentenced to three years rigorous imprisonment by the High Court on December 6 for causing the death of a man by slapping him during a quarrel in Patiala 18 years ago.

    In his special leave petition (SLP), Mr. Sidhu said the High Court had erred by reversing the acquittal order passed by the trial court.

    It should refrain from disturbing the finding of facts arrived at by the trial court unless the same suffered from the vice of perversity or unreasonableness.

    The view of the trial court on the credibility of witnesses must be given proper weight and consideration, and "even if the High Court feels that on the material on record a different view was also possible on that fact, it would not justify interference with the judgment of acquittal."

    The SLP said the High Court failed to correctly apply the principles of law laid down by the apex court in considering cases against acquittal, thereby rendering the impugned judgment completely unsustainable and deserving to be set aside.

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