Gujarat court acquits BJP MLA Hardik Patel in case of disobeying govt order

A court in Gujarat on Friday acquitted BJP legislator Hardik Patel in a five-year-old case wherein he was accused of delivering a political speech at a gathering in violation of conditions laid out by authorities while granting permission for the event.

Chief Judicial Magistrate of Jamnagar, Manish Nandani, exonerated Patel and one Ankit Ghadiya of all charges noting that the prosecution had failed to establish its case beyond any doubt and even the complainant, now a retired government employee, was not aware of all the details in the complaint.

As per the FIR registered at Jamnagar ‘A’ Division police station, Patel, who then spearheaded the Patidar quota agitation under the banner of Patidar Anamat Andolan Samiti (PAAS), delivered a “political” speech at a rally in Dhutarpur village of Jamnagar district on November 4, 2017. The Gujarat Assembly polls were held a month later.

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Ahead of the event, Ghadiya had approached the office of the Mamlatdar (executive magistrate) to seek permission on the ground that Patel would address the crowd on education and social reforms. The prosecution said the permission was granted on that ground only.

However, Patel was accused of giving a “political speech” in violation of the conditions on which the permission for the rally had been granted. He and Ghadiya, a native of Jamnagar, were booked under Sections 36(a), 72(2) and 134 of the Gujarat Police Act, which deals with punishment for disobeying government orders.

In the order, Magistrate Nandani noted that the prosecution had failed to explain why the FIR was registered after nearly 70 days and who was in the possession of the CD that contained Patel’s speech. Moreover, neither Patel nor Ghadiya had signed the application which was submitted to the Mamlatdar while seeking permission, the order said.

The magistrate also noted that not just the ‘panchs’ (witnesses) but even the complainant in the case, Kirit Sanghavi, was not aware of the contents of the speech.

During cross-examination by the defence, Sanghavi, then a circle officer in Mamlatdar office, said he gave the complaint as per the instructions of higher-ups and he was neither present at the spot nor he had any specific knowledge about what exactly happened in the rally.

The magistrate noted that the registration of the complaint as well as the subsequent investigation was carried out in a “mechanical” manner and there exists no evidence which proves the case beyond any doubt.

After the 2017 Assembly polls, Patel joined the Congress in Gujarat and was made its working president. He quit the opposition party ahead of the December 2022 state polls and was subsequently elected as an MLA on a BJP ticket from the Viramgam constituency of Ahmedabad.

Patel faces nearly 30 cases, including two sedition cases in Gujarat.