Former MLA Mahender Yadav,who was convicted for his involvement in the rioting during the 1984 anti-Sikh riots,has approached the Delhi High Court seeking a suspension of his conviction so that he can contest in the upcoming Delhi Assembly polls.
Yadav was convicted of offences under IPC Sections 147 and 148 (rioting) in the case in which five Sikh men were killed in Raj Nagar area. He was sentenced by the Sessions court on May 5 to three-year imprisonment. Former MP Sajjan Kumar had been acquitted of all charges in the same case. The High Court allowed his plea for suspension of sentence on May 28.
In the plea taken up before the court of Justice Veena Birbal,Yadav,who had won the elections in 1998 as a Congress candidate,said he was a seasoned politician and contesting elections is of fundamental importance to him.
Yadav is presently disqualified from contesting elections under the provisions of the Representation of People Act.
The court deferred the hearing till Thursday and transferred the case to the two-judge bench after CBI Counsel D P Singh said appeals filed against the order of the Sessions court were being heard by the division bench.
Yadavs appeal is also being heard by the division bench. This plea should also be heard by the same bench, Singh said.
The plea filed through advocate Vikram Panwar argues that Yadav had been falsely implicated and wrongly convicted in the case and would suffer serious prejudice if his conviction was not suspended.
The plea further said the ex-MLA had filed a similar plea earlier,but the issue had not been heard by the court owing to a strike by advocates on the day the plea was scheduled to be heard.
The division bench is presently in the process of hearing arguments on the plea filed by the CBI against the acquittal of Sajjan Kumar as well as the acquittal of Yadav and co-accused Krishan Khokhar of other offences mentioned in the chargesheet.
The CBI had chargesheeted the six accused for nine offences – murder,rioting,fostering enmity among two communities,trespassing,looting and arson,among others.