'Gujarat Govt Trying To Save Sitting MLA, SPP State's 'Puppet': Gujarat High Court Rejects Plea Seeking Withdrawal Of Prosecution Against BJP MLA

The Gujarat High Court on Wednesday dismissed a petition seeking withdrawal of the prosecution against the sitting BJP MLA Dharmendrasinh alias Hakubha Jadeja, who is an accused in a 2007 case of mob violence. "This Court firmly believes that anyhow and at any cost, the State Government is trying to save his sitting MLA under the provisions of Section 321 of the Code under the pretext of larger public interest," said Justice Niral R. Mehta in the judgement. The CaseIn December 2007, a mob of about 200-300 persons had gathered outside the gate of Essar Company "for public agitation for the resolution of issues affecting public at large and local agriculturists". During the protest, the people started pelting stones on the buses of the company and as a result, employees travelling in them received injuries and the vehicles also suffered damage. The police officials also had received stone injuries. An FIR was lodged under Sections 143, 147, 148, 149, 341, 332, 324, 427, 506 of the Indian Penal Code read with Section 135(1) of the Bombay Police Act against 46 persons. Jadeja, who was a Member of District Panchayat, Vadinar, is one of the accused in the FIR.All the accused were chargesheeted in 2008.HistoryThe then APP had submitted an application in October 2020 for withdrawal of the case against all accused persons. The same was dismissed by the Chief Judicial Magistrate. The District Government Pleader and the MLA then filed revisions against the order before the Sessions Court. The Sessions Court rejected their applications. The Sessions Court Order was never challenged.Fresh AttemptKamleshkumar C.Dave, who is the Special Public Prosecutor for the District Devbhoomi Dwarka for conducting cases against MPs and MLAs, after taking charge made a similar application seeking withdrawal of the prosecution against the accused. The same is pending adjudication before the trial court. However, in the meantime, he learnt that in view of a Supreme Court decision, no prosecution against sitting or former MP or MLA can be withdrawn without the leave of the concerned High Court. Accordingly, he filed a petition before the high court.ArgumentsThe counsel representing the Gujarat government argued that public agitation was in the public interest and for the purpose of protection of interest of the local agriculturists and thereby withdrawal of such prosecution is in the larger public interest. "Even considering the investigation papers, role played by the accused persons is not clear and thus, permission for withdrawal of prosecution may be granted in such circumstances." the public prosecutor submitted.FindingsThe court noted that at the time the offence was committed, Jadeja was a member of the district panchayat and is now an MLA. Referring to the earlier attempt of withdrawal, the court said:"Pursuant to the policy of the State Government, an opinion was called for from the then learned Assistant Public Prosecutor Shri S.P. Vasava for withdrawal of the case. Pursuant thereto, learned APP has in no uncertain terms opined that the said case is not worth withdrawing. Thereafter, it appears that learned District Government Pleader as well as Additional District Magistrate, Devbhoomi Dwarka, vide their letters dated 26th August, 2020 and 20th August, 2020 respectively, directed learned APP Shri Vasava to file an application for withdrawal of prosecution under Section 321 of the Code. Pursuant thereto, an application Exh.197 was filed on 06th October, 2020 by the then learned APP despite he was of the opinion that the present case is not worth withdrawing."Observing that earlier application was filed by then learned APP against his own negative opinion with regard to withdrawal of prosecution on the insistence of the higher authorities, the court said it was rightly held that the same was made without any independent application of mind but under pressure of higher authorities."Pertinently, one of the accused is a sitting MLA and thereby there are all reasons to believe that at his instance, pressure was made on the then learned APP despite his negative opinion. The said belief can be fortified from the fact that even with the change of learned APP, again, the same application under the provisions of Section 321 came to be moved. Thus, this Court firmly believes that anyhow and at any cost, the State Government is trying to save his sitting MLA under the provisions of Section 321 of the Code under the pretext of larger public interest. "Perusing the SPP's application, the court said he has not formed a particular opinion as to how and in what manner broad ends of public justice would be met."Learned APP in his application Exh.341 has nowhere stated that how the withdrawal from prosecution would sub-serve the public interest. This Court could not find as to how withdrawal of criminal case would advance the cause of justice. Considering application Exh.341 as well as keeping in mind the past orders of learned Chief Judicial...

'Gujarat Govt Trying To Save Sitting MLA, SPP State's 'Puppet': Gujarat High Court Rejects Plea Seeking Withdrawal Of Prosecution Against BJP MLA

Rahul Garg

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