Gujarat HC refuses to quash sedition charge against Hardik
October 27, 2015
Ahmedabad
– Developing story – to be updated –
Gujarat High Court has today refused to quash sedition charge filed against Patidar Anamat Andolan Samiti(PAAS) leader Hardik Patel by Surat Police. The petition was filed by Hardik Patel’s father Bharatbhai Patel through his lawyer Babubhai Mangukiya who is also heading Congress party’s Legal cell in Gujarat.
Hardik may however get relief so far as charge filed under section 153-A (promoting enmity between different groups) is concerned.
Hardik Patel had advised a youth from his community in Surat to kill two or five police men. This conversation was captured in video camera by a news channel.
Days later, Hardik was arrested by Surat Police Crime Branch in this case under various sections including sedition.
He was sent to police custody on three days remand by a court in Surat. After three-day remand he was sent to 14 days judicial custody. However Ahmedabad Police Crime Branch had arrested him in another sedition case through transfer warrant immediately after his remand period was over in Surat. Hardik is presently in Police custody in Ahmedabad for 7 days remand.
Background of Surat case:
Hardik Patel was booked by Amroli Police in Surat on October 18 evening under sedition charges for his alleged comments on October 3 instigating a community youth to kill policemen instead of committing suicide. DCP Makrand Chauhan, is a complainant in the case.
The sedition case has been filed under section 124(A) of IPC at Amroli police station in the city.
A person convicted of sedition faces a minimum jail term of three years, while the maximum punishment is life sentence.
The Section reads, “whoever, by words, either spoken or written..brings hatred or contempt, or excites disaffection towards the Government shall be punishable with imprisonment for life…or with minimum imprisonment up to three years.”
Other IPC Sections included in the FIR against Hardik are 115 (Abetment of offence), 153-A (promoting enmity between different groups), 505-2 (incite one community against another) and 506 (criminal intimidation).
In a controversial remark in Surat, Hardik, the 22-year-old, had allegedly advised a youth from the community to kill policemen rather than commit suicide.
“If you have so much (courage)…then go and kill two or five of policemen. Patels never commit suicide,” Hardik had allegedly told the youth Vipul Desai, who had announced that he would commit suicide in support of the agitation.
Hardik visited Desai’s house accompanied by a team of a news channel which had aired the conversation later.
This complaint against Hardik comes after almost 15 days of his controversial remarks.
– DeshGujarat
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