Shimla, October 20
The HP High Court today stayed the sentence awarded to Indira Kapoor, BJP candidate from Chamba constituency by the Sessions Judge, Chamba, under various sections of the IPC and the Prevention of Corruption Act. Justice Sandeep Sharma passed the order on an application filed by Indira praying to stay the sentence awarded to her.
The allegation against Indira and others was from 2008 to 2010 when Indira Kapoor was Zila Parishad Member of Sach ward in Chamba, various funds and grants were received by them for developments works in their respective areas. While executing those works, they, in connivance with each other and labourers, who were shown engaged in those works, with a dishonest intention forged wrong entries in their names in the muster rolls and made wrong payments to numerous persons.
After the conclusion of the trial, the Sessions Judge, Chamba, on August 7, 2021, convicted and sentenced Indira and others under Section 420, 467, 468, 471 of the IPC for a simple imprisonment for three years and under Section 13(2) of the Prevention of Corruption Act for a simple imprisonment of one year along with a fine of Rs 5,000.
Indira challenged her conviction in the High Court While hearing her appeal, the High Court on August, 26, 2021, had suspended her sentence.
While staying the conviction, Justice Sandeep Sharma observed, “This court is of the view that the case at hand comes under the category of ‘exceptional’ case and, in case conviction is not stayed, the petitioner’s political career will be ruined. This court finds that if the conviction is not stayed, she will not be able to contest elections. Since the conclusion of the appeal may take some time and in the event of the appeal being allowed and the applicant being acquitted, she cannot be compensated for the loss, which she may suffer on account of her losing the chance to contest elections to the HP Vidhan Sabha as a member of the Legislative Assembly.” — OC
The BJP replaced its Chamba constituency candidate Indira Kapoor with Neelam Nayyar, wife of sitting MLA Pawan Nayyar.
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