Skip to main content

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

By A 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

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.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.