‘Has petitioned Delhi HC against trial court order’
Srinagar, Nov 12: Opposition Peoples Democratic Party (PDP) General Secretary, Muhammad Dilawar Mir has resigned from the position after a local court in New Delhi convicted him in a case of wrongful release of Rs 30 lakh and contract of sale of urea to his firm in 1993.
“Even though the facts and law are in my favor, I have decided to set a high moral standard in my public life and submitted my resignation as General Secretary of PDP to the party president,” Mir said in a statement.
PDP President Mehbooba Mufti said it was a “hard decision” for her to accept Mir’s resignation. “But given the fact that Mir has taken a moral call on the issue, he has set high moral standards of public probity,” Mehbooba said.
She expressed hope that Mir, who has sought a legal remedy against the trial court verdict, would come clean on the issue.
Party’s Chief Spokesman, NaeemAkther said Mir has filed a petition before the Delhi High Court challenging the trial court’s order. “We will take legal recourse to vindicate his position,” he said.
A senior party leader and former Minister in the Mufti Muhammad Sayeed Government, Dilawar Mir was named by his party as a candidate for the upcoming polls from Rafiabad constituency in north Kashmir’s Baramulla district.
On November 7, Mir was sentenced to three years by a trial court in New Delhi in a case related to wrongful release of Rs 30 lakh and contract for sale of urea to his firm by public sector National Fertilizers Limited (NFL), in 1993-1996.
Though Mir got bail and his sentence has been suspended till January 2, 2015, he “would not be able to contest the forthcoming elections.”
“This is legally untenable because the sentence against me has been stayed till January 2, 2015 and there is no legal impediment if I decide to contest the forthcoming elections,” Mir asserted in his statement.
Sources said following the amendment in the section 24 of the State Representation of Peoples Act, any person (politician) convicted by any court in or outside the state gets debarred from contesting the elections.
“The amendment was made by introducing clause 24 (a) in the section 24 of the Act,” they said.
Legal experts said as of now there were two options before Mir. “If the Court (Delhi High Court where the PDP leader has filed the petition) stays the judgment, then he can contest the election. But in case only his sentence is suspended, he won’t be able to participate in the polls,” said a legal expert.
“I am confident that in due process of law, truth and justice will prevail and my position will be vindicated,” Mir said.
Regarding the case, Mir said when the contract was awarded to him, he was neither a minister nor an MLA. “I was a private citizen and had a fundamental right to do business. Therefore, there is no allegation or finding that I have committed any wrongdoing as a public servant,” he said. “Moreover the court has noted and accepted the fact that as a public servant I have had impeccable and clean record.”