HC raps Hardik’s advocate for delay in filing affidavit in habeas corpus case
November 06, 2015
Ahmedabad
The Gujarat High Court today strongly rapped jailed Patidar stir leader Hardik Patel’s advocate B M Mangukiya for delay in filing affidavit in the case regarding the disputed abduction of Patidar Anamat Aandolan Samiti (PAAS) leader during a crackdown after the September 22 meeting in Tenpur of Aravalli district in Gujarat which was held without official permission and a subsequent habeas corpus petition filed after midnight the same day.
The division bench of Justice M R Shah and K J Thaker asked Hardik’s counsel, who is also the head of the legal cell of the state Congress, to file an affidavit by November 23 the next date of hearing failing which the court may initiate strict action.
When Mr. Magukiya sought more time to file the affidavit today the court taking a hard stance even said that it was loosing faith in the advocate who on the one hand approached the court past midnight for filing the habeas corpus showing great urgency but was not filing the affidavit despite grant of time on several occasions.
‘It seems that the counsel who was filing cases in different courts was willingly not filing the affidavit. He has time to file cases on behalf of the corpus (Hardik) but was expressing inability in filing the reply,’ the court said.
Notably Mr. Mangukiya, who claims to be a staunch supporter of the PAAS reservation stir and has even held meetings for it, is the advocated of Hardik and his aides in over half a dozen cases filed in the High Court as well as the lower courts here.
Mr. Magukiya on the last date of hearing had claimed that the said affidavit sought to be filed before October 25 could not be prepared as Hardik was under arrest in various cases.
Hardik is now willing to take back the case which has put him in the situation like devil and the deep sea.
The court earlier had twice rejected the affidavit by Hardik with regard to his allegations and mysterious disappearance and re-appearance before media.
Two of the close aides of Hardik, Dinesh Patel and Chirag Patel ( both also currently under arrest) had filed the habeas corpus past midnight of September 22 and later the short affidavit on October which the court refused to buy. The court on September 29 had instructed Mr. Magukiya to file the short affidavit instead of a detailed one which he took back.
The short affidavit said that the petitioners were willing to put an end to the litigation and withdraw accusations against cops.
The petitioners in there October 5 reply had stated that they moved the HC midnight because they were panicked when they lost touch with Hardik.
‘You approached the court past mid night to file the petition and the corpus (Hardik) contacted you over phone and was brought before media on the next day whereas he should have been brought directly to the court or the nearest police station, the court had said rapping Mr. Mangkiya on September 29 as well.
Hardik has earlier claimed that he was kidnapped by police like looking plain clothed people after the meeting who left him beside a road in neighbouring Surendranagar district on the very next day i e September 23. They had threatened to kill him if he did not wind up his agitation, the Patel leader had claimed. – DeshGujarat
PTI Report:
Prove that Hardik was abducted, Gujarat HC tells his aides
Ahmedabad
The Gujarat High Court today asked Patel quota agitation leader Hardik Patel’s aides to substantiate their claim that he was abducted in September and pulled up their lawyers, who have filed a habeas corpus petition, for delay in submitting a reply.
A bench asked the petitioners to file an affidavit before November 23 to back up their claim and told their lawyers to get ready for an adverse order if they failed to do so this time.
The bench of Justices M R Shah and K J Thaker gave the direction hours after the Supreme Court today refused to intervene in the case.
This is the sixth occasion the HC has given time to the petitioners to support their claim of Hardik’s abduction.
On October 27, the HC had directed Hardik’s advocates to file an affidavit supporting the charges made in the petition regarding his alleged abduction by unidentified people who “appeared like policemen”.
Though Hardik’s lawyers were supposed to file the affidavit on November 4, they sought more time from the Court on that day to do so, saying a separate petition is being filed in the SC to stop proceedings in the habeas corpus plea here. Thus, the HC had adjourned the hearing for today.
As the Supreme Court refused to interfere in the case, the HC today took up the matter for hearing.
The habeas corpus petition had been filed by Hardik’s key aides Dinesh Bambhaniya and Ketan Patel when their leader had gone missing after a public meeting in Tenpur village of Aravalli district on September 22.
Hardik, spearheading the agitation for quota for Patels in jobs and education, resurfaced on September 23 after his mysterious disappearance for a day. The 22-year-old then claimed he was abducted by “persons looking like policemen”.
At present, Hardik is behind the bars in a case of alleged sedition.
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