THE GUJARAT government Tuesday informed the Supreme Court that it would file a chargesheet against Patidar leader Hardik Patel for allegedly inciting youth in the community to resort to violence in his attempt to destabilise the state government and wage war against it.
Attorney General Mukul Rohatgi said the state police seeks to file the chargesheet before January 14, failing which Hardik would be entitled to bail. Rohatgi said the police would file a separate chargesheet in another sedition case against Hardik by January 15-16.
Hardik has been in jail for over two months now. The AG’s submission makes it clear that the state government is not relenting on letting him out and that Hardik will have to get a judicial order for his release.
“We have placed in a sealed cover the draft chargesheet and we want to file it soon. We have to do it by next week, otherwise he (Hardik) becomes entitled to statutory bail on account of our failure to file a final investigation report within the stipulated time,” Rohatgi told a bench led by Justice J S Khehar.
After hearing Rohatgi, the bench observed that it may not be appropriate for the court to take note of the content of the chargesheet since it ought to be filed first before the trial court concerned. It told senior advocate Kapil Sibal, who appeared for Hardik, that he would be in a better position to argue the case once he gets a copy of the chargesheet. “Once you get a copy, you may also challenge it before the high court, seeking quashing of the FIR,” the bench told Sibal.