"Her Raising Voice To Interpret Constitution In Own Way Doesn't Amount To Sedition": Gujarat HC Grants Bail To 'Pathalgadi' Leader

The Bench of Justice S. H. Vora noted that the prosecution couldn't point out a single event to show that any disturbance had been caused or public in general was affected in their normal activities on account of Babita's involvement with the movement.

Importantly, the Bench also observed that there was no indication that on account of her raising a voice in the line of her interpretation of Fifth Schedule of the Constitution of India, there was any overt act or any response from anyone in public.

Therefore, the Court held thus:

"The Presence of mens rea which is an essential element to make out an offence under Sections 124(A) and 153(A) of IPC is not available on record"

Case in brief

Babita along with 2 other accused were booked under Section 124A (sedition), 153A (promoting enmity between groups), 120B (criminal conspiracy), and 121A (conspiracy to commit offence).

It was alleged that Babita and other co-accused entered their activities in the tribal area of Gujarat and thus instigated the followers of Sati-Pati Cult of tribal to take violent means by wrong interpretation of the Fifth Schedule of Constitution of India and wage war against India.

It was also submitted that they are facing several charges in cases registered at various Police Stations in Jharkhand State related to Antinational activities, abduction, murder, rape, waging war against India.

It was the case of the prosecution that co-accused made people to fight on the basis of caste and class by instigating the people and they have been caught with documents and mobile phones containing incriminating material in their possession and thus committed the aforesaid offence.

[NOTE: Government of Jharkhand has now ordered to withdraw all cases which are registered against Babita in connection with Pattalgadi Movement and pursuant to the said decision, a notification dated 28/01/2020 has been issued by the Secretary of State of Jharkhand. This stand was not challenged by the APP.]

Lastly, it was alleged that she was provoking tribal community against the Government as well as declared that no Indian laws shall apply to districts/regions of Adivasi areas.

Submissions put forth

It was argued that there must be an actual violation of incitement to violence associates with the words and therefore, mere involvement in the movement of Pattalgadi Movement cannot amount to commission of offence of Sedition.

It was also submitted that she has approached the Apex Court for issuance of appropriate writ to direct the Governor to function as per the advice of the Tribes Advisory Council for schedule areas and tribe areas as per provisions of the Fifth Schedule.

Court's order

Noting that no actual violence or breach of the peace occurred at any point of time during her presence in the State of Gujarat, the Court opined that the FIR in question is registered only on account of other similar such offences registered in the State of Jharkhand.

Further, the Court also opined that the seized material / literature was available on the internet and no incriminating material was found against her.

Consequently, the Court granted her bail and she was ordered to be released on her executing a bond of Rs.20,000/-(Rupees Twenty Thousand only) with one surety of the like amount to the satisfaction of the Trial Court.

About Pathalgadi Movement

Pathalgadi movement refers to the 2016 movement that started primarily in the Maoist belt of Khunti and surrounding districts in Jharkhand, where the tribal population had erected huge stone plaques outside their respective villages, announcing entry restriction to "outsiders" and mentioning excerpts from the Panchayat (Extension of Scheduled Area) Act.

The word Pathalgadi literally translates to "carving a stone" in the tribal culture of Jharkhand. The Pathalgadi movement, which advocates self-rule, resulted in violence in Jharkhand between the state government and tribal people in 2016 and 2017.

Case title - Babita Sukar Kashyap v. State Of Gujarat

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