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

Despite Hindutva hold claim, 18% Hindus in US don't want to be identified with Hinduism!

Scanning through news items on the Google News app on my mobile — which is what I do almost every morning — I came across a story published on India.com, which I found somewhat misleading. The headline said, "Muslim population drops significantly in THIS country as over 25% Muslims leave Islam due to…, the country is…"

Adani Group a key player in Indo-Israel defence cooperation: Tel Aviv daily

Said to be one of the most influential Israeli dailies, "Haaretz" (literally: News of the Land) has identified the Adani Group—known to be close to Prime Minister Narendra Modi—as one of the key Indian business houses engaged in defence cooperation with Israel. Pointing out that India supplied the Israeli military with Hermes 900 drones, the daily reported that this advanced aerial vehicle came off “the production line in a factory set up in Hyderabad, as part of the cooperation between the Israeli Elbit and India's Adani Group.”

Beyond Indus water treaty suspension: A 'nationalist' push despite harsh climate realities

The suspension of the Indus Water Treaty (IWT) appears to have pushed the middle classes, at least in Prime Minister Narendra Modi's home state, Gujarat, further towards what the powers-that-be would consider—a "positive" direction. As usual, during my morning walk, I tried talking with a neighbour about what impact it would have. Ignoring what is widely considered a "security lapse," this person, who had just returned after buying milk, compared the Modi move with Trump.

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.

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.

Irrational? Basis for fear among Hindus about being 'swamped' by Muslims

I was amused while reading an article titled "Ham Paanch, Hamare Pachees", shared on Facebook, by well-known policy analyst Mohan Guruswamy, an alumnus of the John F. Kennedy School of Government, Harvard University, and the Graduate School of Business, Stanford University. Guruswamy, who has also worked as an advisor to the Finance Minister with the rank of Secretary to the Government of India, seeks to probe, as he himself states, "the supposed Muslim attitude to family planning"—a theme that was invoked by Narendra Modi as Gujarat Chief Minister ahead of the December 2002 assembly polls.

Why's Australian crackdown rattling Indian students? Whopping 25% fake visa applications

This is what happened several months ago. A teenager living in the housing society where I reside was sent to Australia to study at a university in Sydney with much fanfare. The parents, whom I often met as part of a group, would tell us how easily the boy got his admission with the help of "some well-meaning friends," adding that they had obtained an education loan to ensure he could study at a graduate school.

Punishing senior citizens? Flipkart, Shopsy stop Cash on Delivery in Ahmedabad!

The other day, someone close to me attempted to order some goodies on Flipkart and its subsidiary Shopsy. After preparing a long list of items, this person, as usual, opted for the Cash on Delivery (popularly known as COD) option, as this senior citizen isn't very familiar with online prepaid payment methods like UPI, credit or debit cards, or online bank transfers through websites. In fact, she is hesitant to make online payments, fearing, "I may make a mistake," she explained, adding, "I read a lot about online frauds, so I always choose COD as it's safe. I have no knowledge of how to prepay online."

Gujarat slips in India Justice Report 2025: From model state to mid-table performer

Overall ranking in IJR reports The latest India Justice Report (IJR), prepared by legal experts with the backing of several civil society organisations and aimed at ranking the capacity of states to deliver justice, has found Gujarat—considered by India's rulers as a model state for others to follow—slipping to the 11th position from fourth in 2022.