Daman and Diu MP Faces Setback as Sessions Court Refuses to Stay Sentence

VAPI: Daman and Diu MP Umesh Patel has suffered a major legal setback after the Sessions Court refused to stay the execution of his two-year imprisonment, leaving him facing a potential disqualification from Parliament under Section 8 of the Representation of the People Act, 1951.

Sessions Judge Rajesh S. Tiwari rejected Patel’s application seeking suspension of the sentence imposed by the Chief Judicial Magistrate, Daman, on August 1. Patel and co-accused Suresh Patel were convicted under Sections 186 and 353 of the Indian Penal Code and sentenced to two years’ simple imprisonment, besides a fine of Rs 5,000 each.

The case relates to an incident during a physical test for an Excise Sub-Inspector at a sports club in Daman. According to the prosecution, Patel pushed policemen deployed on duty, forcibly entered an office and obstructed members of a government committee from carrying out their lawful responsibilities.

Patel’s lawyer argued that the two-year sentence could trigger his disqualification as an MP and urged the court to suspend its execution until the appeal was decided.

The government strongly opposed the plea, arguing that the case did not constitute an exceptional circumstance warranting a stay. The prosecutor also referred to Patel’s alleged conduct after conviction, including a Facebook live session, and his other pending cases.

The Sessions Court observed that Patel’s conduct demonstrated a lack of respect for the recruitment process and the sanctity of law. It held that the matter could not be treated as an exceptional case deserving suspension of the sentence.

The court also criticised the insistence on seeking only a stay instead of proceeding with the final hearing, observing that this could delay the appeal.

The court has directed that the main appeal be heard expeditiously, leaving Patel to confront the immediate consequences of the conviction.