HC overturns conviction of BJP MLA, 4 others in over 20-year-old riot case

One among the 28 accused was a juvenile in the case. Of the remaining 27, six were convicted by a Vadodara sessions court in September 2000, while 21 others were acquitted by the trial court.

The case pertains to an incident in September 1995 when the officers of Vadodara district panchayat, its staff and police officers, had gone to vacate an alleged encroachment of a land parcel by members of the Bharwad community in Nani Bapod area on Ajwa Road in Vadodara. Sabirbhai Alimiya and Shaleshbhai alias Sotta Mehta, who was then a Congress councillor at Vadodara, have been accused of allegedly instigating members of the Bharwad community to retaliate and stop the police from removing the alleged encroachments.

It was alleged that a mob of 1,000-1,500 people had allegedly indulged in stone-pelting at the police officers and other officials. The accused were charged for various offences under IPC sections 143 (unlawful assembly), 147 (rioting), 148 (armed rioting), 149 (rioting with common object for all members part of an unlawful assembly), 307 (attempt to murder), 332 (voluntarily causing hurt to deter public servant from duty), 353 (assault or criminal force to deter public servant from discharging duties), 294 (utters obscenity), 336 (rash act endangering life), 337 (causes hurt by rash and negligent act), 186 (obstruction of public servant in discharge of public functions) and 427 (mischief causing damage to the amount of Rs 50 or upwards).

In 2000, the Vadodara sessions court found Mehta and four others — Bhurabhai Bharwad, Ghogha Devabhai Bharwad, Polabhai Surabhai Bharwad and Nanubhai alias Nanko Kambhai Bharwad — guilty under several sections. They were sentenced to one-year imprisonment. The five moved the Gujarat High Court appealing against their conviction the same year.