Ahmedabad

The Gujarat High Court today instructed Patidar Anamat Aandolan Samiti (PAAS) leader Hardik Patel’s advocate B M Mangukiya to file a short affidavit or rejoinder by October 8, the next date of hearing, to substantiate his allegation regarding the alleged abduction of his client after the September 22 meeting in Tainpur of Aravalli district.

     The division bench comprising Justice M R Shah and Justice K J Thaker said that the sentiments of the police has been ‘pinched’ by the allegation.

   In the presence of Hardik, who appeared in the court today as per the September 24 order, the court also instructed both sides to not to make such allegations and counter allegations which may further aggravate the situation.

    On the beginning of proceedings a few minutes after 11, Mr. Magukiya put forth a detailed affidavit before the court which showed its displeasure saying it was lengthy and not to the point. The court once again expressed its unhappiness over the way Hardik and his advocate behaved after filing a post mid night habeas corpus petition last week.
   ‘You approached the court past mid night to file the petition and the corpus (Hardik) contacted you over phone and was brought before media whereas he should have been brought directly to the court or the nearest police station. Now you have filed a lengthy rejoinder which is even heavier than the original petition and the affidavit given by you, The corpus is before us and every body is happy that point is over now what you need to do is file a two three or four pages short affidavit or rejoinder on the point of your allegation on the police regarding the abduction,’ Justice Shah said.

   He also suggested Mr. Magukiya to take back his documents (affidavit) filed before the court today to which the defense lawyer readily agreed. Mr. Magukiya also said that owing to the chaotic situation he could not produce Hardik before the court and he is ready to apologize to the court for the mistake. ‘We arrived late in the evening at around 7 pm that day and I did not want to disturb the learned court as the next date of hearing was on the very next day but anyways if it was a mistake, I admit that and seek your forgiveness for that,’ Mr. Mangukiya said agreeing to file a short affidavit on October 8. He took back his affidavit filed today.

   When Advocate General Kamal Trivedi, appearing on behalf of the state, requested the court to ask Hardik to explain what had happened that day to bring forth the truth, the court said,’ It is correct that the sentiments of the police has been pinched as they are also human beings but nothing should be done now which may further aggravate the situation. Let the reply come through the short affidavit.’

   Mr. Trivedi also said that it should be investigated as to who were the men with revolver who abducted Hardik. ‘It should be done so that such incidents don’t recur or any other person don’t make such allegations,’ he said

    Giving a minor relief to Hardik, the court said that it was not binding for him to remain present on the next date of hearing. Mr. Magukiya however said that despite not being binding he will remain present on the day.

    The PAAS leader had mysteriously disappeared after the above mentioned meeting in Tainpur on September 22. His advocate Mr. Magukiya had filed a habeas corpus writ petition past mid night before the high court alleging he was abducted by police during the crackdown for holding the meeting without proper permission. But Hardik appeared the very next day in an equally dramatic way claiming that some men with gun who had abducted him in a vehicle had left him beside a road near Hadvad in neighbouring Surendranagar district.

    Mr. Magukiya had brought him to Ahmedabad and instead of handing him over to police or producing before the court, he convened a press conference to narrate his story. The court on last date i e September 24 had also expressed strong dissent to this.

DeshGujarat