Skip to main content

Disaffection towards government constitutes offence of sedition: Gujarat govt tells HC

By Our Representative
Opposing the plea to quash sedition charges against the Gujarati online news portal “Face of Nation” editor Dhaval Patel, who was subsequently arrested in May second week, the Gujarat government has told the High Court that this is not possible since investigation is still going on, and such a step would be “premature”. 
Patel was arrested on sedition charges following the publication an article in his news portal speculating that Gujarat chief minister Vijay Rupani would be replaced by Mansukh Mandaviya, another senior Cabinet colleague. The article had alleged that Rupani would be replaced because he had failed handle the coronavirus crisis in Gujarat.
Opposing the grant of any interim relief or staying the investigation, special public prosecutor Mitesh Amin, who appeared on behalf of the state government, insisted, even disaffection, contempt or hatred towards the government in a speech constitutes the offence of sedition.
Seeking to set aside the FIR registered against Dhaval Patel, senior advocate Anandvardhan Yagnik argued before Justice Sangeeta Vishen that any speech or article that does not incites violence should not attract sedition charges.
Yagnik added, the state was heavily harping on the single bench judgment passed by the Gujarat High Court in the matter of Patidar leader Hardik Patel, in which the latter could be seen in asking distressed youth to kill policemen instead of committing suicide.
Yagnik said that while in the Hardik Patel case, the statement “incited” violence, “In the present instance all the petitioner has reported is a speculation that there might be change in the leadership because of the failure of the present leader to handle the coronavirus crisis.”
Also, Yagnik added, “The same was put to rest when Mandaviya tweeted and clarified things. No ingredients of a seditious act are satisfied in the present case.”
The court ruled that it would hear both the parties on whether to regard to grant of interim relief to Dhaval Patel on May 26.

Bail plea in sessions court

Meanwhile, the application seeking regular bail before the City Civil and Sessions Court, Ahmedabad, couldn't be taken up for hearing on Friday, as the investigating officer (DCB Police Station, Gaekwad Haveli, Jamalpur) expressed his inability to attend.
The demand for allowing the Ahmedabad sessions court to decide on bail was made by Mitesh Amin, public prosecutor, during the hearing in the Gujarat High Court on Thursday in the plea to cancel the sedition charge against the journalist.
Yagnik commented, "It seems that such absence of the investigating officer is conscious, willful and deliberate as the specious reason given was Covid-19 pandemic. It is surprising that this is the reason that was put forward by the investigating officer as the hearing these days takes place virtually, through video conferencing."
Dhaval Patel is in judicial custody since May 14, 2020. The bail plea will now be has be taken up for hearing May 27.

Comments

TRENDING

Modi govt distancing from Adanis? MoEFCC 'defers' 1500 MW project in Western Ghats

By Rajiv Shah  Is the Narendra Modi government, in its third but  what would appear to be a weaker avatar, seeking to show that it would keep a distance, albeit temporarily, from its most favorite business house, the Adanis? It would seem so if the latest move of the Ministry of Environment, Forests and Climate Change (MoEFCC) latest to "defer" the Adani Energy’s application for 1500 MW Warasgaon-Warangi Pump Storage Project is any indication.

US govt funding 'dubious PR firm' to discredit anti-GM, anti-pesticide activists

By Our Representative  The Alliance for Sustainable & Holistic Agriculture (ASHA) has vocally condemned the financial support provided by the US Government to questionable public relations firms aimed at undermining the efforts of activists opposed to pesticides and genetically modified organisms (GMOs) in India. 

Bayer's business model: 'Monopoly control over chemicals, seeds'

By Bharat Dogra*  The Corporate Europe Observatory (CEO) has rendered a great public service by very recently publishing a report titled ‘Bayer’s Toxic Trails’ which reveals how the German agrochemical giant Bayer has been lobbying hard to promote glyphosate and GMOs, or trying to “capture public policy to pursue its private interests.” This report, written by Joao Camargo and Hans Van Scharen, follows Bayer’s toxic trail as “it maintains monopolistic control of the seed and pesticides markets, fights off regulatory challenges to its toxic products, tries to limit legal liability, and exercises political influence.” 

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

105,000 sign protest petition, allege Nestlé’s 'double standard' over added sugar in baby food

By Kritischer Konsum*    105,000 people have signed a petition calling on Nestlé to stop adding sugar to its baby food products marketed in lower-income countries. It was handed over today at the multinational’s headquarters in Vevey, where the NGOs Public Eye, IBFAN and EKO dumped the symbolic equivalent of 10 million sugar cubes, representing the added sugar consumed each day by babies fed with Cerelac cereals. In Switzerland, such products are sold with no added sugar. The leading baby food corporation must put an end to this harmful double standard.

Militants, with ten times number of arms compared to those in J&K, 'roaming freely' in Manipur

By Sandeep Pandey*  The violence which shows no sign of abating in the ongoing Meitei-Kuki conflict in Manipur is a matter of concern. The alienation of the two communities and hatred generated for each other is unprecedented. The Meiteis cannot leave Manipur by road because the next district North on the way to Kohima in Nagaland is Kangpokpi, a Kuki dominated area where the young Kuki men and women are guarding the district borders and would not let any Meitei pass through the national highway. 

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

UNEP report on how climate crisis is impacting displacement, global conflicts, declining health

By Shankar Sharma*  A recent report by the United Nations Environment Programme (UNEP), titled "A Global Foresight Report on Planetary Health and Human Wellbeing," warrants urgent attention from our country’s developmental perspective. The findings, detailed in the report, should be a source of significant concern not only globally but especially for our nation, which has a vast population and limited natural resources.