‘Campaign can go virtual’: Narmada court rejects Chaitar’s plea to alter bail conditions

Conceding to the prosecution’s argument, the order states, “If the applicant (Chaitar) enters the jurisdiction of Narmada district, it could lead to a law and order problem… the people can be incited and there could be a situation of a clash between the police and the people. In today’s modern age, one can even campaign with the use of electronic media and it is not necessary to remain physically present in that area. One can also campaign through representatives as well as attend to other works (through representatives)… The argument from the prosecution appears to be wise and reasonable…”

The court also stated that Chaitar did not inform the court during his bail hearing in January that he was the Lok Sabha candidate and would need to campaign in the area. “From the documents submitted by the applicant (Chaitar), it appears that he was declared the Lok Sabha candidate on January 9, 2024 while his bail plea was decided on January 21, 2024… At that time, the applicant did not inform the court about the same and it does not appear that any new circumstances have arisen now for the application… Moreover, the applicant’s wife (Shakuntala) has also been granted bail and she can campaign in Sagbara and Dediapada as his wife has been part of his campaigns in the past…so, it does not appear that it (bail conditions) will impact his campaign.”

The court also took note of the recent comments made by the AAP MLA, especially against the police action. “The applicant has recently made instigating statements at his public rallies and through his social media stating that he is unafraid of the police or law… This fact is also made known to the court from the affidavit of the investigating officer. One cannot deny the possibility that the applicant may try to influence or intimidate witnesses (of his case) if he is allowed to enter Dediapada and Sagbara areas for the election campaign,” it stated.

The eight-page order cited the recent political comments made by Chaitar after his release from the Rajpipla sub-jail on February 1, including his recital of a famous Hindi film dialogue to emphasise on his courage during a meeeting with his supporters in Bharuch. Citing arguments from both sides, the court order stated that Chaitar had sought relief and “alteration of the bail conditions of the court that prohibit him from entering Narmada district, where his constituency is located stating that it was his ‘moral duty’ to be present to hear the grievances of the voters and resolve local issues” but the prosecution had argued that Chaitar’s “involvement in the alleged case of extortion and assault of the forest officer as well as intimidating the officers with a weapon, did not merit any relief”.

While granting bail to the AAP MLA in January, the Narmada court had prohibited Chaitar from entering the Narmada district until the end of the trial. The MLA also has to reside at an alternate residence “outside Narmada and Bharuch”, the court had underlined. “Merely at the time of framing charges or during special depositions, wherever the presence of the petitioner (Chaitar) is required in court, he may remain present. Otherwise, the petitioner has to remain present only through his advocate and furnish an undertaking that he has no objection to the trial proceeding in his absence. Whenever the trial court asks him to be present, he has to comply,” the order had stated.

According to the FIR lodged at Dediapada police station, Chaitar and his family allegedly abused five forest officials and assaulted one of them on October 30, where he also allegedly fired a round in the air to intimidate the forest officer. The FIR, based on the complaint by the forest officer, has named seven other accused — Shakuntala, Jitendra, farmer Ramesh Vasava and his wife from Jhadoli village, and three villagers from Bogaj village as well as two other unidentified men. All accused have been granted bail in the case.