Sedition charges against Hardik correct prima facie, three other sections removed from FIR

Ahmedabad

The Gujarat High Court today refused to quash the sedition charges against Patidar reservation stir leader Hardik Patel in connection with the case filed in Amroli police station of Surat for his alleged advice to a youth from his community to kill policemen rather than committing suicide, saying it prima facie looked correct.

The court of Justice J B Pardiwala, however gave some relief to the Patidar Ananmat Aandolan Samiti (PAAS) convener in the form ordering to remove section 153-A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.), 505 (2) (Statements creating or promoting enmity, hatred or ill- will between classes) and 506 (Criminal intimidation) from the FIR.

Notably the relief is only symbolic as the section 124 A pertaining to sedition defines it as a non bailable offense punishable with imprisonment for life while the section 153-A has provision of a maximum term of five years and that under section 506 and 505(2) were seven and three years respectively.

The court had completed hearing in the matter on October 23.
Government counsel Mitesh Amin had argued that Hardik had issued the statement regarding killing of police intentionally as knew fully well that media was present there and his words would be aired and published.

Hardik’s advocate and senior Congress leader B M Mangukiya on the other hand had claimed that his client uttered the words only to console a youth who was to commit suicide. It was not his real intention to provoke people to kill policemen. He also said that Hardik had criticized the state government which was in line with the right to freedom of speech. The case was filed due to political animosity and ill will

The plea was filed on October 20. Hardik is the convener of Patidar Anamat Aandolan Samiti (PAAS), the outfit running agitation for inclusion of Patel or Patidar community in OBC list for reservation benefits.

. The case of sedition under Section 124 A of IPC was filed against Hardik by Deputy Commissioner of Police Makrand Chauhan in the Amroli police station of Surat. He is also alleged of offenses under section 115, 153-A, 505-2, 506 of the IPC in the case.

The case has been filed for having advised his supporter Vipul Desai to ”kill 2 or 5 policemen” instead of committing suicide in Surat on October 3. Hardik had made this inflammatory appeal to Desai when he had gone to meet him in the wake of his threat to commit suicide to press for the demand of reservation in jobs and education for the upper caste Patels on par with the OBCs.
The video showing Hardik make this controversial appeal to the Patel youth was widely circulated in social media.

He was nabbed by the Surat police from Rajkot on October 19 and produced before a court in Surat which allowed his police remand till October 23. He was later arrested by the crime branch of Ahmedabad police in connection with yet another case of sedition for hatching conspiracy to overthrow the government. Hardik is in crime branch’s remand till November 1.

– DeshGujarat