June 5, 2021 2:31:45 am
Two days after he was sentenced to 18 months of imprisonment for throwing a shoe at a judge during a hearing of a civil matter in Gujarat High Court, Bhavanidas Bavaji alias Bhavanidas Danidhariya, a tea-seller from Bhayavadar town in Rajkot district, said that he would appeal against the verdict.
“I was not mentally sound when I threw a shoe at the honourable judge. I will move the sessions court against the trial court verdict,” Danidhariya told The Indian Express.
The court of VA Dhahal, the chief judicial magistrate of Ahmedabad, on Wednesday pronounced Danidhariya guilty of throwing his shoes at Justice KS Jhaveri during hearing in April 2012 of his case in Gujarat High Court.
Danidhariya had filed a case after Bhayavadar municipality impounded his cabin out of which he used to sell tea on Cinema Road of Bhayavadar. After he threw his shoe at Justice Jhaveri at the end of the hearing, he was booked by Sola police in Ahmedabad city.
“While seeking that he be released on probation, we argued that Bhavanidas was overcome by emotions as, he believed, he was not getting justice in the case of the municipality impounding his cabin, which was source of livelihood for his family. He was not in sound mental condition at that time as he was the sole breadwinner of his family and was apparently enraged at losing his source of livelihood and that he does not have any criminal antecedents. But the court did not agree with our submission and sentenced him to 18 months of imprisonment,” Sanjaysinh Zala, an advocate appointed by Gujarat State Legal Aid Society who represented Danidhariya in the case, said.
The shoes hurled by Danidhariya had hit a wall and had fallen near the seat of Justice Jhaveri.
In the concluding remarks of the judgment, while rejecting Danidhariya’s request for probation, the magistrate noted, “It is a true reality that owing to high pendency of cases in courts, timebound disposal of cases do not happen. However for this reason, hurling sandals at an eminent person such as a judge of the high court is extremely condemnable…”
Danidhariya said he was tired of the legal battle which had started in 1989. “The municipality impounded my tea stall ruling it was unauthorised. I moved the court against the civic body’s action. The sessions court bench in Gondal ruled in favour of me in 1989. But the municipality moved the high court against the sessions court order. The high court eventually ruled in favour of the municipality,” 58-year-old Danidhariya, who has studied till Class VIII, said.
Danidhariya was granted bail soon after he was booked by Sola police station. The court of chief judicial magistrate of Ahmedabad also granted him interim bail after convicting him. “While I don’t have money to fight legal battles, I will fight for justice,” said Danidhariya who now runs a tea stall near Bus Stand in Bhayavadar. His 23-year-old son Himanshu works in a factory in Metoda near Rajkot after dropping out of school while his daughter Dharmishta is in Class XII.
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