Independent Daman & Diu MP Umesh Patel sentenced to two years in 14-year-old obstruction case

Daman: The Chief Judicial Magistrate’s court in Daman has convicted Independent Lok Sabha MP Umesh Patel and former acting president of the Daman District Panchayat, Suresh alias Sukha Patel, in a case dating back to 2012 involving obstruction of public servants during a recruitment process. Both were sentenced to two years of simple imprisonment and fined ₹5,000 each.

Chief Judicial Magistrate PP Bharsakhade-Wagh  pronounced the verdict on Saturday. The court convicted them under Sections 186 (obstructing a public servant in the discharge of public functions) and 353 (assault or criminal force to deter a public servant from discharge of duty) of the Indian Penal Code. They were acquitted of other charges originally framed, including Sections 332, 452 and 504. In default of payment of the fine, each faces an additional three months’ simple imprisonment. The court granted them one month to appeal in a higher court and released them on a bond of ₹15,000 each.

The 2012 incident

The case relates to events on March 12, 2012, during the physical test and interviews for the post of Assistant Sub-Inspector in the Excise Department. These were being conducted at the Sports Club Football Ground in Moti Daman.

According to the prosecution and the FIR, Umesh Patel (then president of the NGO Youth Action Force) and Sukha Patel allegedly forced their way into the venue after a candidate was declared failed. They are accused of threatening police personnel at the entry, entering the room where interviews were underway, making allegations against the selection committee about the candidate’s failure, and using abusive language toward officials. The complaint was lodged by the then Assistant Superintendent of Police, Jagmahendra Singh. Moti Daman police registered a case under IPC Sections 452 (house-trespass), 353, 332 (voluntarily causing hurt to deter a public servant) and 504 (intentional insult). The accused were arrested and later released on bail. Evidence, including statements of eyewitnesses, was collected during the investigation.

Political background

Umesh Patel, 48, won the Daman and Diu Lok Sabha seat in the 2024 general elections as an Independent candidate. He defeated three-term BJP MP Lalu Patel by a margin of 6,225 votes (Patel secured 42,523 votes against Lalu Patel’s 36,298).

Speaking to *The Indian Express* after the verdict, Patel said he had accompanied Sukha Patel because the latter claimed injustice had been done to one candidate. “I only accompanied Sukha Patel, and the matter was not related to me. We will challenge the order in higher courts in coming days, as many of our points were not taken into consideration by the CJM court,” he stated. The Assistant Public Prosecutor expressed satisfaction with the court’s order.

Possible implications for membership

Under the Representation of the People Act, a conviction carrying a sentence of two years or more can lead to disqualification from membership of Parliament. However, the sentence has been suspended for one month to allow an appeal. Disqualification typically takes effect only after the conviction becomes final (subject to the outcome of any appeal and relevant legal provisions).

The verdict comes after a prolonged trial spanning roughly 14 years. Both accused remain free for now pending the appeal window. Further legal proceedings in a higher court are expected. DeshGujarat