Court stays Bhaga Barad’s conviction, Congress wants him back as MLA

A week after former Congress MLA Bhaga Barad was convicted and sentenced to two years and nine months jail in a case of illegal mining, a sessions court in Gir Somnath district stayed the order, and also suspended his sentence.

Barad was disqualified as MLA by Assembly Speaker Rajendra Trivedi on March 5 in view of the jail sentence.

After the former MLA from Talala seat challenged his conviction in the district and sessions court in Veraval town of Gir Somnath, principal district judge MM Babi stayed his conviction, said the Congress leader’s lawyer Rajesh Buch. The judge also allowed Barad’s plea, seeking suspension of the sentence of two years and nine months awarded by the judicial magistrate of Sutrapada taluka court.

“The sessions court stayed the conviction as well as ordered suspension of the sentence given by the magistrate. The court also granted bail to him till pendency of his appeal,” said Buch.

He said a stay on the conviction was necessary to allow Barad to continue as MLA. After the sessions court stayed the conviction, leader of opposition Paresh Dhanani met speaker Rajendra Trivedi and requested him to reinstate Barad as MLA.

“We have handed over a memorandum and order of the sessions court to him. We requested him to reinstate Bhaga Barad as an MLA as his conviction has been stayed. The Speaker told us he would take a decision after going through the documents,” Dhanani said. Trivedi had disqualified Barad following his conviction citing a Supreme Court ruling, which says a lawmaker, whose conviction in a criminal case has not been stayed by an appellate court, would stand disqualified from membership of the House. Barad was accused of stealing limestone worth Rs2.83 crore through illegal mining in government land in Sutrapada, according to an FIR lodged against him in 1995. He was pronounced guilty under Section 379 of Indian Penal Code, which deals with punishment for theft.

Barad Board

• Barad was disqualified as MLA by Assembly Speaker Rajendra Trivedi on March 5 in view of the jail sentence.
• The judge allowed Barad’s plea, seeking suspension of the sentence of two years and nine months awarded by the judicial magistrate of Sutrapada taluka court.