Allahabad High Court’s Lucknow bench has granted interim relief to veteran actor and politician Raj Babbar by staying his conviction in a case that has its origins in the 1996 Lok Sabha election. Raj Babbar’s lawyer, Gaurav Mehrotra, stated that on July 7, 2022, a magistrate’s court found the leader guilty and sentenced him to two years in prison. Babbar subsequently appealed this decision in the sessions court. Although the sessions court accepted the appeal for a hearing and released Raj Babbar on bail, it declined to halt the conviction order.
Lucknow: The Allahabad High Court’s Lucknow bench has granted interim relief to veteran actor and politician Raj Babbar by staying his conviction in a case that has its origins in the 1996 Lok Sabha election. Babbar, contesting the election from Lucknow as a candidate for the Samajwadi Party, faced legal hurdles due to a conviction dated July 7, 2022. However, in light of the upcoming general elections, the High Court has decided to suspend the conviction, emphasizing the criticality of Babbar’s participation in the electoral process.
Justice Mohd Faiz Alam Khan issued this landmark order on March 29, acting on an application under section 389(2) of the Code of Criminal Procedure (CrPC), filed by Raj Babbar. This application aimed at suspending the operation of the conviction order passed by the additional chief judicial magistrate-III, Lucknow, linked to an FIR lodged back in 1996 at the Wazirganj police station.
The core of the case dates to an incident on May 2, 1996, during the polling for the Lok Sabha elections, where Babbar and some associates were accused of engaging in a scuffle with polling party members over allegations of fake polling. Despite these accusations, a witness, also the informant of the case, acknowledged that Babbar intervened to prevent his associates from further actions.
Raj Babbar’s conviction by the additional chief judicial magistrate (ACJM) court in Lucknow, sentencing him to a maximum of two years’ imprisonment for offences under section 332 of the IPC among others, led to an appeal before the additional sessions judge, MP/MLA court in Lucknow. Babbar’s appeal against this July 2022 conviction is still pending adjudication.
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Highlighting Babbar’s significant political career as a five-time Member of Parliament, the court recognized the essential nature of his application, especially with the Election Commission’s announcement of general elections. “it cannot be denied that it is very necessary” for Babbar to file the present application, the High Court noted, underscoring the importance of his ability to participate in the electoral process.
In opposition, the state government argued against the suspension of the conviction. Nevertheless, the court decided in favor of Babbar, suspending the conviction during the appeal’s pendency. Additionally, the court scheduled the next hearing for May 1, granting three weeks for the state to respond to Babbar’s plea and a subsequent week for him to file a rejoinder affidavit.
This decision marks a pivotal moment, not just for Raj Babbar, but also for the intersection of law and politics in India, particularly as it pertains to the eligibility of candidates to participate in elections amidst legal challenges. The Allahabad High Court’s ruling provides a notable example of the judiciary’s role in balancing legal proceedings with the democratic process, especially in the run-up to crucial general elections.
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