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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIKRAM NATH, J.B. PARDIWALA, JJ.
Suyah Sahay – Appellant
Versus
State of Gujarat – Respondent
Writ Petition (PIL) No. 94 of 2020
Decided On : 07-07-2020
Constitution of India – Article 226 – Indian Pena Code, 1860 – Section 188 – Traffic points along the route of the rally but failed to stop or report – Seeking to issue a writ of mandamus and/or certiorari or in the nature of mandamus or certiorari or any other appropriate writ, order or direction to the respondents institute an enquiry against all police personnel who were present a the traffic points along the route of the rally but failed to stop or report the same – petitioner most humbly submits that on 04.06.2020 a video went viral on social media showing one Suraj alias Sui Kahar an accused in murder case and a history sheeter, being led out in a rally in an open roof Audit car accompanied by about 20 to 30 two wheelers whose occupants were shouting and honking, leading the accused who was granted bail, from jail to his residence. The said incident was also reported in all major dailies of Vadodara and the same was given wide coverage on the visual media in almost all the news channels – Held, On record, we may only say that what has been brought to our notice is indeed very shocking and disgusting. The city of Vadodara is known for its rich heritage history and culture. At one point of time, it was a princely State ruled by Maharaja Sayajirao Gaekwad. The police officers should have immediately taken appropriate action by intercepting the vehicles and arresting all the persons, who were on the streets, as if they were returning to their respective homes after wining a brave battle – Court do not propose to express any opinion so far as the order of bail is concerned. If the State is of the view that the order of bail is not in accordance with law or the concerned Court ought not to have exercised its discretion in favour of the main accused, then it is for the State to take appropriate steps in this regard at the earliest – Main accused and his accomplices. We expect the State Government to inquire whether any police officer is directly or indirectly involved in this entire episode. If the inquiry reveals any type of involvement direct or indirect, then appropriate action shall be taken in accordance with law – Directions issued – Application disposed of.
Facts of the Case:
petitioner being aggrieved by this rampant glorification of an accused in criminal cases, enquired further into the matter by going through the video and the newspapers and aggrieved by this glorification of criminal is constrained to file the present petition – Petitioner most humbly submits that on 04.06.2020 a video went viral on social media showing one Suraj alias Sui Kahar an accused in murder case and a history sheeter, being led out in a rally in an open roof Audit car accompanied by about 20 to 30 two wheelers whose occupants were shouting and honking, leading the accused who was granted bail, from jail to his residence. The said incident was also reported in all major dailies of Vadodara and the same was given wide coverage on the visual media in almost all the news channels.
Finding of the Court:
On record, we may only say that what has been brought to our notice is indeed very shocking and disgusting. The city of Vadodara is known for its rich heritage history and culture. At one point of time, it was a princely State ruled by Maharaja Sayajirao Gaekwad. The police officers should have immediately taken appropriate action by intercepting the vehicles and arresting all the persons, who were on the streets, as if they were returning to their respective homes after wining a brave battle – Court do not propose to express any opinion so far as the order of bail is concerned. If the State is of the view that the order of bail is not in accordance with law or the concerned Court ought not to have exercised its discretion in favour of the main accused, then it is for the State to take appropriate steps in this regard at the earliest – Main accused and his accomplices. We expect the State Government to inquire whether any police officer is directly or indirectly involved in this entire episode. If the inquiry reveals any type of involvement direct or indirect, then appropriate action shall be taken in accordance with law – Directions issued.
Result: Application disposed of
ORDER :
1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a law student and resident of Vadodara, has prayed for the following reliefs:
11.2 Your Lordship may be pleased to issue a writ of mandamus and/or certiorari or in the nature of mandamus or certiorari or any other appropriate writ, order or direction to the respondents institute an enquiry against all police personnel who were present a the traffic points along the route of the rally but failed to stop or report the same.
11.3 Your Lordship may be pleased to issue a writ of mandamus and/or certiorari or in the nature of mandamus or certiorari or any other appropriate writ, order or direction to the respondents to take appropriate action as is available in law for cancellation of bail and/or such other actions permissible in law.
11.4 Your Lordship may be further be pleased to direct the respondent state to formulate appropriate mechanisms and tutorials to sensitize the Police personnel to avert such incidences in future.
11.5 For further such reliefs as the nature and circumstances of the case may require.”
2. The writ applicant is a fifth year law student studying in the Maharaja Sayajirao Gaekwad University at Vadodara. The writ applicant has brought to our notice an incident, which could be termed as very shocking and disgusting.
3. The case put up by the writ applicant, in public interest, in his own words, as pleaded in the memo of this writ application, is as under:
4.2 The petitioner being aggrieved by this rampant glorification of an accused in criminal cases, enquired further into the matter by going through the video and the newspapers and aggrieved by this glorification of criminal is constrained to file the present petition.
4.3 It is humbly submitted that the accused namely Suraj alias Sui Kahar was involved in an incident of a road rage on 23rd February 2020, the victim Keval Jadav who had overtaken the accused near Kaladarshan char rasta, was stopped and beaten mercilessly by the accused and his accomplices and the victim later died in hospital due to internal injury. The police subsequently filed an F.I.R. being No. 11196017200135/2020 against Suraj Kahar and others under I.P.C. 143, 146, 323 and 302. After the gruesome incident the accused was arrested and was remanded to judicial custody at Vadodara central jail. The accused was subsequently released on bail on 4th June 2020.
4.4 It is humbly submitted that many friends of the accused gathered at the Central Jail, Vadodara to receive the accused on being released. It is humbly submitted that as appears from the video, the said friends appear to have arranged for the accused to occupy an Audi make Car and the accused was standing in the car with half his body out of the roof and the friends of the accused took out a rally from Vadodara Central Jail compound to Warasiya area, about 6 kms from the jail. The accused and his friends were shouting and honking horns and creating a ruckus all along the route. It appears from the video that about 26 seconds in the video a police vehicle passed by but no attempt was made to stop the rally. The video further shows that on reaching the destination, the accused was lifted on shoulders and taken to his residence. The said video ends with a dialogue from Film Vastav.
4.5 It is humbly submitted that this video went viral on social medi
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