Gujarat High Court Grants Interim Relief To AAP's Lok Sabha Candidate Chaitar Vasava, Allows Him To Enter Narmada District Till June 12

The Gujarat High Court has granted interim relief to Aam Aadmi Party (AAP)'s Lok Sabha candidate from Bharuch in Narmada district Chaitar Vasava by suspending the bail condition that restrained him from entering the limits of Narmada district till the conclusion of trial in a 2023 rioting case.

While granting interim relief to Vasava till June 12 i,e., the next date of hearing in the case, Justice M R Mengdey, presiding over the case, observed that contesting an election is a statutory right of the applicant as a citizen of India

Justice Mengdey stated, “From the record, it appears that a registered political party has nominated the present applicant to be its candidate for ensuing parliamentary election for the Bharuch constituency. Contesting an election is a statutory right of the applicant being a citizen of India to enable the present applicant to contest the ensuing election, by way of an interim relief, the aforesaid conditions are ordered to be suspended till the next date of hearing.”

The development came in an application filed by Vasava seeking exemption from the bail condition imposed by a sessions court restraining him from entering District Narmada and mandated that he reside exclusively in Bharuch District until the trial concludes.

Vasava, the AAP nominee for the upcoming May 7 polls, represents certain areas of Narmada district within the Bharuch Lok Sabha constituency.

In 2023, an FIR was filed against Vasav for multiple offenses under various sections of the Indian Penal Code (IPC) and the Arms Act. These included IPC Sections 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with deadly weapon), 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object), 186 (obstructing public servant in discharge of public functions), 189 (threat of injury to public servant), 332 (voluntarily causing hurt to deter public servant from his duty), 353 (assault or criminal force to deter public servant from discharge of his duty), 386 (extortion by putting a person in fear of death or grievous hurt), 294(B) (sings, recites or utters any obscene song, ballad or words, in or near any public place), 506(2) (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of the IPC, along with Section 25(1)(a) of the Arms Act.

Initially, Vasava sought anticipatory bail, but the High Court dismissed his application on December 4, 2023. Consequently, he surrendered himself to the Investigating Agency. Upon surrender, Vasava was taken into custody, and following the completion of the investigation, a charge-sheet was filed against him.

Subsequently, Vasava applied for regular bail under Section 439 of the Code of Criminal Procedure before the Sessions Court. The Sessions Judge, Narmada at Rajpipla, granted him bail through an order dated January 22, 2024. However, the above conditions were imposed by the Sessions Court while granting bail to Vasava.

Advocate Zubin Bharda, representing Vasava, argued that if the applicant is prohibited from entering the Districts of Narmada and Bharuch, it would deprive the electorate of his constituency of effective representation in the legislative assembly, given his status as an elected member.

Bharda argued, “My electorate will suffer. The conditions otherwise also are arbitrary. I have been elected by more than a lakh votes (in the 2022 Assembly polls). Of the 12 offences (in the past), 3-4 have been settled… Some other offences are under IPC Section 188 (disobedience of an order duly promulgated by a public servant). Just because you don't want a free and fair fight, is he not entitled to go to his electorate?.”

“If conditions are not relaxed, how will I take part in elections? I am only asking for relaxation until elections at least,” he further argued.

Furthermore, Bharda asserted that since the applicant aims to participate in the upcoming parliamentary election, imposing such conditions would infringe upon his statutory right to contest the election freely and fairly. Thus, Bharda urged the court to grant the present application and remove the aforementioned conditions.

Alternatively, Mitesh Amin, Additional Advocate General opposed the application inter alia contending that the aforesaid conditions were imposed by the Sessions Court having regard to the conduct of the present applicant. Amin further submitted that Vasava had even misused the liberty granted to him by the Sessions Court by making some unwarranted utterances, which amounts to browbeating the government machinery as well as the public at large.

The AAG opposed the application inter alia contending that the aforesaid conditions were imposed by the Sessions Court having regard to the conduct of Vasava and that he had misused the liberty granted to him by the Sessions Court by making some unwarranted utterances, which amounts to browbeating the government machinery as well as the public at large.

The matter is now listed on 12.06.2024 for further hearing.

Case Title: Chaitarbhai Damjibhai Vasava Versus State Of Gujarat

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