Allahabad High Court suspends conviction of murder convict who wishes to contest election on BJP ticket

The Allahabad High Court recently stayed the conviction and life sentence of a murder convict who said he wishes to contest the 2027 assembly polls in Uttar Pradesh as an independent candidate or possibly on the ticket of Bharatiya Janta Party (BJP) [Nandlal Rai Alias Babloo Rai v State of UP].

A Bench of Justice Siddharth and Justice Vinai Kumar Dwivedi said the Supreme Court has stayed the conviction of various public representatives while holding that politicians bear a special duty towards their constituents and a failure to secure a stay of conviction may lead to the loss of an opportunity to contest election.

The Court thus granted bail to Nandan Lal Rai, who was sentenced to life imprisonment in a murder case in April 2025 by a Varanasi court.

"Under the totality, facts and circumstances we are of the view that the conviction and sentence awarded to the appellant deserves to be stayed during the pendency of this appeal," the Court ruled.

The Court passed the order while dealing with a bail application moved by the convict Nandan Lal Rai in his pending appeal against the murder conviction.

While seeking Rai' release during the pendency of the appeal, his counsel argued that the victim was a politically active person and that the accused was implicated merely on the basis of suspicion and conjecture.

It was argued that the prosecution's case rests substantially upon circumstantial evidence. Rai's counsel also pointed to the delayed disclosure of his name in the investigation, doubtful eye-witness testimony and questionable recovery of the murder weapon.

According to media reports, Rai was among those convicted for the murder of Pramod Kumar Nigam, an active member of the Ram Janmabhoomi movement. The media reports state that Rai was associated with gangster-turned-politician Mukhtar Ansari.

However, Rai's counsel told the High Court that he was an active worker of the BJP before his conviction, and desires to contest the 2027 elections "as independent candidate or if possible from BJP." 

Considering these submissions, the Court on October 5 suspended Rai's sentence and conviction.

"Keeping in view the right to livelihood of a common man which is not less important than the right to contest election by a politician, conviction and sentence of appellant deserves to be stayed so that he may be able to survive for hearing the final verdict in his above noted appeal," the Court said.

Advocates Devendra Deo Gupta and PK Singh represented Rai.

[Read Order]