Skip to main content

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

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

When Pakistanis whispered: ‘end military rule’ — A Moscow memoir

During the recent anti-terror operation inside Pakistan by the Government of India, called Operation Sindoor — a name some feminists consider patently patriarchal, even though it’s officially described as a tribute to the wives of the 26 husbands killed in the terrorist strike — I was reminded of my Moscow stint, which lasted for seven long years, from 1986 to 1993.

Ahmedabad's civic chaos: Drainage woes, waterlogging, and the illusion of Olympic dreams

In response to my blog on overflowing gutter lines at several spots in Ahmedabad's Vejalpur, a heavily populated area, a close acquaintance informed me that it's not just the middle-class housing societies that are affected by the nuisance. Preeti Das, who lives in a posh locality in what is fashionably called the SoBo area, tells me, "Things are worse in our society, Applewood."

Tracking a lost link: Soviet-era legacy of Gujarati translator Atul Sawani

The other day, I received a message from a well-known activist, Raju Dipti, who runs an NGO called Jeevan Teerth in Koba village, near Gujarat’s capital, Gandhinagar. He was seeking the contact information of Atul Sawani, a translator of Russian books—mainly political and economic—into Gujarati for Progress Publishers during the Soviet era. He wanted to collect and hand over scanned soft copies, or if possible, hard copies, of Soviet books translated into Gujarati to Arvind Gupta, who currently lives in Pune and is undertaking the herculean task of collecting and making public soft copies of Soviet books that are no longer available in the market, both in English and Indian languages.

RP Gupta a scapegoat to help Govt of India manage fallout of Adani case in US court?

RP Gupta, a retired 1987-batch IAS officer from the Gujarat cadre, has found himself at the center of a growing controversy. During my tenure as the Times of India correspondent in Gandhinagar (1997–2012), I often interacted with him. He struck me as a straightforward officer, though I never quite understood why he was never appointed to what are supposed to be top-tier departments like industries, energy and petrochemicals, finance, or revenue.

Environmental report raises alarm: Sabarmati one of four rivers with nonylphenol contamination

A new report by Toxics Link , an Indian environmental research and advocacy organisation based in New Delhi, in collaboration with the Environmental Defense Fund , a global non-profit headquartered in New York, has raised the alarm that Sabarmati is one of five rivers across India found to contain unacceptable levels of nonylphenol (NP), a chemical linked to "exposure to carcinogenic outcomes, including prostate cancer in men and breast cancer in women."

PharmEasy: The only online medical store which revises prices upwards after confirming the order

For senior citizens — especially those without a family support system — ordering medicines online can be a great relief. Shruti and I have been doing this for the last couple of years, and with considerable success. We upload a prescription, receive a verification call from a doctor, and within two or three days, the medicines are delivered to our doorstep.

A conman, a demolition man: How 'prominent' scribes are defending Pritish Nandy

How to defend Pritish Nandy? That’s the big question some of his so-called fans seem to ponder, especially amidst sharp criticism of his alleged insensitivity during his journalistic career. One such incident involved the theft and publication of the birth certificate of Masaba Gupta, daughter of actor Neena Gupta, in the Illustrated Weekly of India, which Nandy was editing at the time. He reportedly did this to uncover the identity of Masaba’s father.

Revisiting Gijubhai: Pioneer of child-centric education and the caste debate

It was Krishna Kumar, the well-known educationist, who I believe first introduced me to the name — Gijubhai Badheka (1885–1939). Hailing from Bhavnagar, known as the cultural capital of the Saurashtra region of Gujarat, Gijubhai, Kumar told me during my student days, made significant contributions to the field of pedagogy — something that hasn't received much attention from India's education mandarins. At that time, Kumar was my tutorial teacher at Kirorimal College, Delhi University.

A sector under siege? War and real estate: Navigating uncertainty in India's expanding market

I was a little surprised when I received an email alert from a top real estate consultant, Anarock Group , titled "Exploring War’s Effects on Indian Real Estate—When Conflict Meets Concrete," authored by its regional director and head of research, Dr. Prashant Thakur. I had thought that the business would wholeheartedly support what is considered a strong response to the dastardly terrorist attack in Pahalgam, Operation Sindoor.