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GUJARAT HIGH COURT
J.B.Pardiwala, J.
Hardik Bharatbhai Patel Thro. His Fater Bharatbhai Narsibhai Patel —Applicant
versus
State of Gujarat & Anr. —Respondents
Special Criminal Application (Quashing) No.6330 of 2015 With Special Criminal Application Nos.6263 to 6265 & 6339 of 2015
Decided on 1.12.2015
For the Applicant:Mr. BM Mangukiya & Ms Bela A Prajapati, Advocates
For the Respondent No.1: Mr. Mitesh Amin, Public Prosecutor
IMPORTANT POINT
The biggest threat, today for the country is corruption the countrymen should rise and fight against corruption at all levels, rather than shedding blood indulging in violence for the reservation.
Headnote:Indian Penal Code, 1860 — Sections 121, 121A, 124A, 153A, 153B and 120B — Criminal Procedure Code, 1973 — Section 482 — Offence of ‘waging war’ against Government of India — Conspiracy to commit offences punishable u/s 121 IPC — Ingredients of offences — Demand or claim to include the Patidar/Patel Community in the list of OBCs — FIR lodged by the Deputy Police Commissioner alleging that past about four months, there is a strong and violent agitation going on in the State of Gujarat as regards the reservation for the members of the Patidar/Patel Community — Applicant accused is the convener of a Patidar Anamat Andolan Samiti declared bandhs, convened public meetings and various other programmes as a part of the agitation — According to the organization, the Patidar Patel Community is being neglected by the State Government in respect of education and employment — Case of the prosecution that the applicants have committed offences to sedition punishable u/s 124A, IPC, waging war punishable u/s 121 IPC, hatching conspiracy to commit offence u/s 121, IPC and promoting enmity between different groups on grounds of religion u/s 153A, IPC — Petition filed for quashing the FIR — Whether Sections 153A and 153B, IPC was attracted in this case — (No) — FIR deserves to be quashed for offences u/ss 121, 153A and 153B, IPC — Investigation may proceed further in accordance with law for offences
u/ss 124A and 121A, IPC. (Paras 23, 25, 29, 31, 32, 33, 42 to 45, 48, 50 to 56, 61 to 63)
Result: Applications partly allowed.
JUDGMENT
J.B.Pardiwala, J.—Since the relief prayed for, in all the captioned writ applications, is to quash the selfsame F.I.R. lodged with the D.C.B. Police Station, Ahmedabad city, being C.R. No.I90 of 2015, those were heard analogously and are being disposed of by this common judgment and order.
2. The applicants herein – original accused persons, have prayed for the following reliefs:
“21(A) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction and to quash and set aside the FIR lodged with D.C.B. Police Station, Ahmedabad City, recorded as C.R.No.I90/ 2015, qua the present petitioner;
(B) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction and issued necessary direction, protecting fundamental rights of the petitioner including not to lodge frivolous FIRs against the petitioner on the basis of the same materials in any other Police Station of the State of Gujarat for the offence punishable under sections 121, 121A, 124A, 153A, 153B and 120B of Indian Penal Code, 1860, and if any such FIRs are recorded, restrain the respondents, their agents and servants from arresting the petitioner for the offences punishable under sections 121, 121A, 124A, 153A, 153B and 120B of Indian Penal Code, 1860, based on the same material facts disclosed in the body of the aforestated FIR.
(C) Pending admission and final disposal of the present petition, be pleased to stay further investigation of the FIR being C.R. No.I90/15 lodged with D.C.B. Police Station, Ahmedabad City – AnnexureB, qua the present petitioner;
(D) Pending admission and final disposal of the present petition, be pleased to direct the respondents, their agents and servants not to arrest the petitioners in connection with any FIR logged in any part of the State of Gujarat for the offences punishable under sections pending admission and final disposal of the present petition, be pleased to stay on the materials and facts of bundle which have been disclosed, wholly or partly, in the FIR recorded as C.R. No.I90/15 with D.C.B. Police Station, Ahmedabad City.
(E) Be pleased to pass such other and further orders as may be deemed fit and proper.”
3. The case of the prosecution may be summarized as under:
3.1 The first informant is the Deputy Police Commissioner, Zone 3, Surat city. It is the case of the first informant that past about four months, there is a strong and violent agitation going on in the State of Gujarat as regards the reservation for the members of the Patidar Patel Community. The applicant accused of the Special Criminal Application No.6330 of 2015 is the Convener of a committee known as the Patidar Anamat Andolan Samiti. The applicant accused, in his capacity as the Convener of the organization, declared bandhs, convened public meetings and various other programmes as a part of the agitation. According to the organization, the Patidar Patel Community is being neglected by the State Government in respect of education and employment. In the last few months, the State of Gujarat, more particularly, the cities like, Ahmedabad, Surat, Mehsana and Rajkot witnessed worst of the riots, in which, extensive damage was caused by the members of the organization as well as the people of the Patidar community and others to the public property by torching the police stations, public buses, etc. Few innocent people also lost their lives.
4. For better understanding of the accusations, I may quote few relevant paragraphs containing the allegations in the F.I.R. as under:
“1. Article 16(4) of the Constitution of India, 1950 states as thus:
“Nothing in Article 16 or in clause 2) of Article 29 of the Constitution of India shall prevent the State from making any special provision for the advancement of any socially and educationally backward
