Explained: Gujarat MLA Jignesh Mevani convicted, what is the case against him?

Youth leader Kanhaiya Kumar and then Patidar quota stir leader Reshma Patel had also joined the march, which was held to demand physical possession of agricultural lands granted to Dalits under statutory provisions.

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 the Independent MLA, from the Mehsana executive magistrate and it was granted initially. Even though it was revoked by the authorities later, the rally was held by the organisers.

Hundreds of people attended the rally, which was preceded by a public meeting. But minutes after the march began, it was stopped by the police. Participants, including Mevani, were detained. Kanhaiya and Reshma, who had left for Ahmedabad by then, were also detained at a restaurant near Mehsana.

The Mehsana police registered an FIR for the offences of unlawful assembly against 17 persons under provisions of Indian Penal Code (IPC) Section 143.

A chargesheet against 12 persons, including Mevani, Kanhaiya and Reshma, was later submitted before a magisterial court in Mehsana.

In April 2021, the court framed charges against 10 of the accused. It decided to hold a separate trial for Kanhaiya. Another accused had died by this time, thus abating the trial against him.

Jignesh Mevani poses for a picture along with supporters outside Mehsana court. (Express Photo: Nirmal Harindran)

How did two trial cases emerge from the same incident?

Kanhaiya was not present in court during the framing of charges against the accused in April 2021. As a result, the magistrate court passed an order to hold a separate trial against him in the case after framing charges. This was because the trial court was required to follow directions of the Supreme Court issued on a writ petition to try and dispose of cases against Members of Parliament and Members of Legislative Assembly speedily.

At the time of the incident, Mevani was not an MLA — he was elected as an Independent MLA from Vadgam months later in December 2017.

So, will this disqualify Jignesh Mevani as an MLA?

No. Section 8 of the Representation of the People Act provides for disqualification of an MP or MLA for sentences of imprisonment of two years or more, except for some specific types of offences under IPC as well as special laws, such as Foreign Exchange (Regulation) Act, NDPS Act, Prevention of Corruption Act etc.

Mevani has said he will appeal against the verdict.

Mevani addresses supporters at Ramapir Tekra, Old Wadaj on May 3. (Express Photo: Nirmal Harindran)

Is this kind of conviction commonplace?

National Crime Records Bureau (NCRB) data show Gujarat registered 196 cases under unlawful assembly in 2019 and 163 such cases in 2020, pegging the incidence rate of such crimes anywhere between 0.1 to 0.3 per cent in the state.

Across India, NCRB 2019 and 2020 reports show that pendency of cases have only gone up (from 41.2 per cent to 44.5 per cent).

In 2019, unlawful assembly cases standing trial across India, which included trials pending from previous years as well, were 42,835. This increased to 47,814 in 2020.

In 2020, 1,105 cases saw court convictions and 1,236 cases saw acquittals across India. In 2019, the numbers were 1,805 and 2,070, respectively. The conviction rate for unlawful assembly in 2020 went down to 44 per cent from 44.3 per cent in 2019.