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Synopsis

The Allahabad High Court recently underscored a notable trend where Members of Legislative Assembly (MLA) or Members of Parliament (MP), who have been convicted in a criminal case, take a general plea for stay on their conviction on the ground of contesting the next elections. 

Often they plead that in case the judgment of their conviction is not stayed, they will be deprived of their right to contest the election which will result in irreparable loss and injury to them, court said. 

The single judge bench of Justice Sanjay Kumar Singh opined that in such matters, each and every case has to be decided on its own merit as well as considering all the surrounding circumstances and other attending factors including gravity of offences, nature of previous criminal history, etc.

No uniform and straight-jacket formula can be laid down for stay of conviction in all the cases involving MP/MLA, the bench stressed.

Court asserted that now, it is the need of hour to have purity in politics.

Therefore, for staying the judgment of conviction, the courts should exercise its discretionary power sparingly with caution in rare and appropriate cases, it held. 

Court highlighted that the purpose sought to be achieved by enacting disqualification on conviction for certain offences is to prevent a person with a criminal background from entering into politics and governance.

"Persons with criminal backgrounds pollute the process of election as they have no reservations from indulging in criminality to win an election. When persons having long criminal history turn into elected representatives and become law makers, they pose a serious threat to the functioning of a democratic system," the single judge bench said. 

It stressed that the very future of our democracy gets imperiled when such offenders masquerade as leaders making a travesty of the entire system.

The bench further emphasised that the increasing trend of criminalisation of politics is dangerous and has steadily been eating into the vitals of country's democratic polity along with growing corruption of a humongous nature.

The high court rendered these remarks while rejecting a plea to suspend the conviction judgment dated March 5, 2024, against former MP Dhananjay Singh and Santosh Vikram Singh in a 2020 kidnapping and extortion case.

By the impugned judgment passed by Additional Sessions Judge-IV/Special Judge, MP/MLA, Jaunpur, Dhananjay Singh and Santosh Singh had been sentenced to seven years’ rigorous imprisonment - for the offence under Section 364 of the IPC along with other sentences. 

Though the high court dismissed their plea to suspend their conviction, it allowed their bail pleas. 

Case Title: Dhananjay Singh and another v. State of U.P.