1998 poll code violation case: Dhoraji court acquits Radadiya, Patel leader for ‘lack of evidence’

Radadiya and and his then aide Vasoya were booked by Dhoraji police on February 18, 1998, after they allegedly held an election meeting in Supedi village of Dhoraji taluka past 10 pm. Radadiya was fighting Assembly election from Dhoraji as a candidate of Rashtriya Janta Party, floated by former chief minister Shankersinh Vaghela. Police stated that Radadiya’s meeting continued past 10 pm and thus violated the notification of district magistrate.

The chargesheet in the case was filed in July 1998. The trial of the case began in 2006 and meandered for years. But the case was taken up on priority basis after Home Ministry asked states in 2014 to fast-track cases against MPs and MLAs on the directive of the Supreme Court.

Therefore, the Dhoraji court recorded further statement of the accused in August 2015 and posted the matter for oral arguments. However, Dinesh Panchal, in-charge assistant public prosecutor (APP) of Dhoraji, failed to keep dates of hearing despite being intimated repeatedly. Finally, the court sent a notice to Panchal on December 18, 2015, asking him to remain present for arguing the case on January 1 this year. But Panchal failed to turn up.

As a result, the court granted defence plea to go ahead with the argument of the case and conclude the trial as it was not a contested matter. Radadiya’s lawyers, Amin Navliwala, Hasmukh Malvi and Dipak Vaishnav, argued that he was innocent and cross-examined eight defence witnesses in absence of the APP.
“From the prosecution side, in-charge APP did not remain present and therefore had foregone the right to argue the case,” the magistrate noted in the judgment. The Indian Express has a copy of the verdict.

In fact, the APP claimed that he did not know about the verdict until The Indian Express contacted him on Tuesday. “I admit I don’t know if the judgment has been delivered. I am learning from you that the accused have been acquitted. I had appeared in the Dhoraji court on a few dates, but have missed them of late. I am appearing in five courts in Jetpur, the place of my posting. Plus, I am holding charge of Dhoraji, Upleta and Jamkandorana. I did receive notice from Dhoraji court. But I scarcely get time to travel out of Jetpur due to much work here,” Panchal said.