Gujarat High Court has refuses to squash FIR filed against Patel quota agitation leader Hardik Patel. However, the court has ordered to drop section 153 (A) (creating enmity between two communities) of IPC from the FIR.
Justice J B Pardiwala said there was prime facie case of sedition against Hardik as he had advised youth to kill policemen. The court gave its verdict in the petition filed by the accused's father Bharat Patel to quash the sedition FIR filed against him. "Advising a person to resort to violence and disturb peace in society amounts to sedition," the court said.
Refusing to quash the sedition plaint, the court said, "Probe is in progress and picture will be clear by the end of the probe." "It's open for Patidars (Patels) to demand quota by peaceful means, but what's not permissible is any act that may jeopardise public tranquillity," the court said.
Ordering to drop IPC section 153 (A) from the FIR, the court said that Hardik's statement does not promote enmity between two communities as it is against police. A case of sedition was filed against Hardik for his alleged controversial remarks instigating his community youth to kill policemen instead of committing suicide.
The sedition case has been filed under section 124(A) of IPC at Amroli Police Station in Surat under which any accused, if convicted, can be sentenced to maximum of life imprisonment, while the minimum sentence is of three years.
Earlier an Ahmedabad crime branch has slapped charges of waging a war against the state, sedition and inciting communal hatred between communities on six leaders of the Patidar Anamat Andolan Samiti, including Hardik Patel. “The complaint against the PAAS leaders is for inciting violence on August 25-26 across the state,” said deputy commissioner of police, crime branch, Deepan Bhadran. “We have called interception transcripts in which the accused are planning to topple the government,” said assistant commissioner of police, crime branch, K N Patel, one of the complainants.
