Supreme Court allows Gujarat police to file chargesheet against Hardik Patel

The state police had lodged the case in October against 22-year-old Hardik and five of his close aides on the charge of sedition and waging war against the government.

By: PTI | New Delhi | Updated: January 5, 2016 10:11 pm
Hardik Patel, Supreme Court, Hardik Patel Supreme Court The state police had lodged the case in October against 22-year-old Hardik and five of his close aides on the charge of sedition and waging war against the government. (Source: PTI Photo)

The Supreme Court today allowed Gujarat police to file a chargesheet by Friday in a trial court in a criminal case lodged against quota stir leader Hardik Patel for allegedly instigating Patel community to kill policemen and adopt violent means to “wage war against Gujarat government”.

The apex court’s order came when Attorney General Mukul Rohatgi, appearing for Gujarat, sought permission to file the chargesheet on the ground that if it is not filed, the accused will be entitled to get bail.

However, a bench of justices J S Khehar and C Nagappan refused to look into the draft chargesheet of the police.

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“It would be inappropriate to look into it. Let the chargesheet be filed in the trial court on or before January 8, 2016. A copy of the chargesheet would be provided to the counsel for the accused in the trial court,” it said. The court fixed January 14 for further hearing the matter.

It will also hear another plea of Hardik challenging the High Court’s decision declining to quash the sedition charge invoked against him and others in a case lodged for allegedly attacking places like police stations in the state.

The state police had lodged the case in October against 22-year-old Hardik and five of his close aides on the charge of sedition and waging war against the government.

Later, Hardik, Chirag Patel, Dinesh Bambhaniya and Ketan Patel were arrested and are currently behind bars.

Two other aides of Hardik, Amrish Patel and Alpesh Kathiriya, were not arrested as the high court had granted them interim protection.

The FIR against Hardik and five others under serious charges of sedition said that the young leader had allegedly instigated his community to kill policemen and adopt violent means to wage “war against Gujarat government”.

The High Court ordered the removal of three IPC sections in the FIR – sections 121 (waging war against government), 153-A (promoting enmity between different communities) and 153-B (assertions prejudicial to national integrity) – against Hardik and five of his aides.

It, however, refused to drop IPC sections 124 (sedition) and 121-A (conspiracy to wage war against government), which attract punishment of life imprisonment or up to 10 years.

In his second plea, Hardik has challenged the High Court’s decision declining to quash the sedition charge invoked against him and others in a case lodged for allegedly attacking places like police stations in the state. In his plea, Hardik has claimed that the charges have wrongly been invoked against him as there was no conspiracy to wage war against the government and, at best, it is the case of use of “intemperate language” which can be tried under some other penal provisions.

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  1. A
    Amit Mukhopadhyay
    Jan 5, 2016 at 7:11 pm
    We are all beside Hardik Patel. He has the power of truth and we all are on his side.
    Reply
    1. B
      Bijan Mohanty
      Jan 5, 2016 at 5:52 pm
      P
      Reply
      1. B
        Bijan Mohanty
        Jan 5, 2016 at 5:55 pm
        Police allegation of sedition against Hardik Patel is totally false, frivolous and concoted. This is a ploy by Modi Government to politically intimidate him to silence. This does not mean that we support his quota agitation.
        Reply
        1. V
          virendra patel
          Jan 9, 2016 at 6:21 pm
          Patels are with Hardik. Patels are against police atrocity and gov who supports it
          Reply
          1. R
            RnR
            Jan 5, 2016 at 6:12 pm
            What do a call a person who instigates people to KILL policemen, a Patriot?. If the people start killing policemen, there will be only anarchy and then will you be there to maintain ORDER? A very well-off section of society, mostly Diamond traders, the PATELS, want reservation and to take away available avenues from downtrodden people.
            Reply
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