SC refuses to quash sedition charges against Hardik


New Delhi

The Supreme Court today refused to quash the sedition charges filed by the Surat police against Patidar Anamat Andolan Samiti (PAAS) convener Hardik Patel.

This means that the 22-year-old PAAS leader will have to stay in the Surat jail, at least till the next date of hearing, in the case i e January 5.

After hearing arguments from Mr Kapil Sibal, senior lawyer appearing for Hardik, the division bench, comprising Justice Jagdish Singh Khehar and Justice R Banumathi, rejected his demand saying that his plea would be considered only after the completion of the investigation by the Surat Police.

Allowing the Surat Police to continue the investigation, the apex court also directed it to complete the probe within 45 days.

The court, however, asked the Surat police not to file a charge sheet against him without its prior permission.

After the Gujarat High Court refused to grant any relief to him in the case, Hardik, in his petition, had approached the apex court seeking quashing of the sedition charges levelled against him by the Surat police.

The Crime Branch of Ahmedabad Police has also filed another case of sedition and waging war against the duly elected government against Hardik and five of his close aides.

Hardik was first nabbed by the Surat police from Rajkot on October 19 in the case of sedition lodged in Amroli police station for inciting a youth from his community to kill policemen rather than committing suicide. He was sent back to Surat Jail a few days ago after the completion of his remand with the crime branch.

The Gujarat High Court has reserved its order on a petition to quash the sedition case filed by the crime branch of the Ahmedabad police.
– DeshGujarat

PTI report:
New Delhi

Hardik Patel today did not get any immediate relief from the Supreme Court which said his plea challenging invocation of sedition charge for allegedly inciting a mob during the quota stir for Patel community will be heard after Gujarat police completes probe in the case.

A bench, comprising justices J S Khehar and R Banumathi, directed Gujarat police to complete the investigation within one-and-a-half month in the sedition case and file a report before it in a sealed cover and posted hearing for January 5.

The bench also directed the police not to file the charge sheet in the sedition case without the apex court’s permission.

The apex court also declined to interfere with the proceedings of the Gujarat high court which is proceeding with another case in which Hardik has been accused of stage- managing his own abduction by the police.

The bench said that it was not interfering in another case of habeas corpus pending before the Gujarat high court in which the police have accused Hardik Patel of stage managing his own abduction.

“It is clarified that the high court may continue with the matter in the special criminal appeal pertaining to habeas corpus,” the bench said.

Before passing the order, the bench took on record the submissions of Attorney General Mukul Rohatgi, appearing for the state government and senior advocate Kapil Sibal, representing Hardik Patel.

“We consider it just and appropriate to defer the hearing in the matter (sedition case). List it after one and a half months on the completion of investigation,” the bench said while posting the matter for January 5.

The bench said “we must allow the high court to proceed with another case (habeas corpus).” (More) PTI SJK PKS RKS UK

The sedition case relates to an FIR lodged against 22-year-old Patidar leader Hardik on October 18 under various IPC provisions relating to the offence of sedition, abetment of an offence, spreading rumour or false statement and criminal intimidation.

The Gujarat HC had earlier refused to quash the sedition case against Hardik for his purported suggestion to kill policemen.

Six people were booked under IPC Sections 121 (waging war against the government), 124 (sedition), 153-A (promoting enmity between different communities) and 153-B (assertions prejudicial to national integrity).

The city Crime Branch in its FIR against Hardik and five others on the charges of sedition, said the young leader had allegedly instigated his community to adopt violent means to wage “war against Gujarat government”.