Supreme Court stays conviction of Congress leader Hardik Patel in rioting case

Senior advocate Maninder Singh submitted that not allowing Patel to contest election is a violation of his right to freedom of expression

The Supreme Court on Tuesday stayed the conviction of Hardik Patel, Gujarat Congress working president, in the 2015 Mehsana rioting case, allowing him to contest in the upcoming Assembly polls in the state.

A bench of Justices S Abdul Nazeer and Vikram Nath stayed the conviction of Patel until the appeals are decided.

After hearing senior advocate Maninder Singh on behalf of Patel, the bench said, "We are of the view that this is the fit case for the High Court to have stayed the conviction".

Singh submitted that not allowing his client to contest the election is a violation of his right to freedom of expression.

"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," Singh said, appearing for Patel.

Solicitor General Tushar Mehta, representing the Gujarat government, said that Patel contesting elections is not the issue before the court, rather the matter should be decided based on parameters in criminal law.

Singh submitted that the state is misusing police powers and the top court must decide this case soon.

Patel had earlier moved the Gujarat High Court prior to the 2019 general elections for a stay on conviction by a sessions court in Mehsana in 2018 but did not get relief on March 29, 2019.

In 2015, Patel had spearheaded an agitation demanding reservation for the Patidar community. The agitation had led to violence leaving a BJP MLA's office vandalised.

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