Gujarat High Court Quashes Arrest Warrant Against BJP MLA Hardik Patel In 2015 Sedition Case

The Gujarat High Court on Monday quashed and set aside an arrest warrant order issued by a Sessions Judge in Ahmedabad district against BJP MLA Hardik Patel concerning a 2015 FIR under sections 121A, 124A, 120B IPC in connection with a violent agitation for quota for the Patidar community across the state.

Essentially, since Patel was apprehending his arrest in connection with the 2015 FIR, he filed an anticipatory bail plea before the Sessions Court in Ahmedabad which was rejected in January 2020. Thereafter, challenging the same, he moved to the Gujarat High Court.

Now, it was his case that since he was availing alternative remedy (before the HC), he, on February 1, 2020, filed an exemption application before the City Civil and Sessions Court to exempt his absence in the trial on account of his genuine apprehension of being arrested by the state police.

That application was allowed by the Sessions Court, however, when he again sought exemption from appearance on the next date in the trial, on February 7, 2020, due to the fact that in his anticipatory bail plea, the Gujarat HC had issued notice to the State Government, the said application was rejected and the Ahmedabad Sessions court issued a non-bailable warrant against him. Challenging the said order, he moved the High Court in the instant petition.

Before the HC, he contended that since he was apprehending his arrest, he could not remain present before the court, and therefore he had filed an exemption application on 7.2.2020 and the counsel for the petitioner specifically requested the court in the exemption application to proceed with the matter even in the absence of the petitioner, but erroneously the trial Judge, rejected his exemption application and issued an NBW.

Before the Court, on Monday, Counsel for Patel (Rafik Lokhandwala) submitted that considering the averments made in the present petition and also the fact that now the Apex Court is considering the validity of Section 124A of the IPC (Sedition Law), an appropriate order may be passed by quashing and setting aside the impugned order.

On the other hand, Public Prosecutor (PP) Mitesh Amin, appearing for the State, also acknowledged that he does not dispute the fact that proceedings are presently pending before the Apex Court and that therefore, the relief sought for in the present petition can be granted at this stage. 

Given this, the Court allowed the petition by making the following observations:

"In light of the conflicting arguments presented in court, without delving into the other merits of the case, it is notable that both parties agree that the impugned order can be set aside. Considering the fact that the matter concerning the validity of these sections is currently under review by the Hon'ble Apex Court, and taking into account the nature of the prayers put forth in the present petition, it is appropriate to grant the present petition...The order dated 7.2.2020, passed below Exh.245 in Sessions Case No. 55 of 2016 by the learned Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad is quashed and set aside."

Case title - HARDIK BHARATBHAI PATEL vs STATE OF GUJARAT

Case Citation:

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