Gujarat government moves appeal against acquittal of MLA Jignesh Mevani, 9 others in 2017 case

The state government’s application seeking condonation of delay in preferring the appeal was heard by a single judge bench of HC comprising Justice Hemant Prachchhak on Thursday. During the hearing, advocate Rahul Sharma appeared on behalf of Mevani and other respondents. The court adjourned the matter for January 20 while ordering to provide a copy of the petition to the respondents.

The case pertains to July 12, 2017 when Mevani and his associates had led an ‘Azadi Kooch’ from Mehsana to Dhanera area of neighbouring Banaskantha district. The march was organised to mark one year of the infamous public flogging of some Dalits in Una that had led to a largescale agitation in Gujarat then. Those who attended the rally included former Jawaharlal Nehru University Students Union (JNUSU) president Kanhaiya Kumar, who is now part of the Congress, and Reshma Patel, the then leader of Nationalist Congress Party (NCP) who is now with the Aam Aadmi Party (AAP).

One of Mevani’s associates, Kaushik Parmar, had sought permission for the rally under the banner of Rashtriya Dalit Adhikar Manch, an organisation founded by Mevani, from the Mehsana executive magistrate, which was initially granted. Despite the authorities revoking the permit later, the organisers went ahead with the rally.

After the rally, the Mehsana police registered a case of unlawful assembly against Mevani and others under Section 143 of the Indian Penal Code (IPC) since they were not given permission to hold the march.

The police submitted a chargesheet against 12 people in the case. A trial was, however, initiated against the 10 people in the case by a magisterial court of Mehsana. Of the 12 accused, one had died and the court had passed an order to hold a separate trial against Kanhaiya Kumar, since he was absent at the time of framing of the charges.

The magisterial court had, in May 2022, convicted Mevani and nine others, and sentenced them to three months’ imprisonment while slapping a fine of Rs 1,000 each.

Two appeals were preferred before the Sessions Court against the magisterial court order.

Mevani and the nine others had moved an appeal against their conviction. Whereas, the state government had moved an appeal seeking enhancement of punishment.

The appeals were adjudicated by the Sessions Court in March 2023 and all the 10 were acquitted.

Gujarat government has now preferred an appeal before HC against the Sessions Court order acquitting the 10.

One of the respondents in the case, Subodh Kumud, said, “Advocate Rahul Sharma appeared on behalf of the respondents today. And the court has ordered to provide him with the copy of the petition moved by the state government.”