AHMEDABAD: A city sessions court here on Saturday permitted the state govt to withdraw the sedition case filed 10 years ago against BJP MLA Hardik Patel and his four associates during the Patidar quota agitation in 2015.
The detection of crime branch (Ahmedabad) filed an FIR against Hardik, then convener of Patidar Anamat Andolan Samiti (PAAS), along with Dinesh Bambhania, Chirag Patel, Ketan Patel and Alpesh Katheriya. They were booked under Sections 124 (sedition) and 121 (waging war against nation) of IPC, but the HC quashed Section 121 of IPC. The trial court framed charges in this case in 2018. However, before this, Ketan Patel pleaded guilty in this case and became an approver. He was granted a pardon by the court.
The state govt announced last month that it intended to withdraw the cases against Patidar youths. Accordingly, the district collector wrote a letter to the special public prosecutor Sudhir Brahmbhatt on Feb 18 for withdrawal of the case under the provisions of Section 321 of the CrPC. Only one witness was examined in this case to date, and his cross-examination was yet to take place. Meanwhile, the Supreme Court stayed proceedings in all sedition cases across the nation.
On the application filed by advocate Brahmbhatt, additional sessions judge M P Purohit passed two orders allowing the state govt to withdraw the prosecution against the five persons accused of sedition.
The prosecution’s case was that the accused persons, despite being aware of the fact that inclusion of Patidar/Patel caste in the list of OBCs is not legally and sociologically possible, conspired to instigate members of the Patidar community to agitate for the same. The govt alleged that this conspiracy was pre-planned and executed for the purpose of bringing into hatred and contempt, and to incite disaffection towards the Gujarat govt.
Hardik is also facing another sedition case in Surat, apart from several other cases, mainly for violation of notifications issued by local authorities.