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Refuses To Suspend AAP MLA Chaitar Vasava 7-Year Sentence In Case
The on Monday refused to suspend the seven-year sentence of Aam Aadmi Party MLA Chaitarbhai Damjibhai Vasava, who was convicted for extorting forest officials in connection with an illegal encroachment case. The court also dismissed a similar plea by co-accused Jitendrabhai Vasava, while granting relief to accused no.7 Rikeshbhai Vasava on grounds of .
A Pattern of Criminal Conduct
Justice Vimal K. Vyas, presiding over the single bench, scrutinized the
of the MLA, noting that he was involved in 22 offences, many registered while he was on
or
. The court observed that Vasava had been granted
in a separate case with a condition to maintain
, yet he committed seven further offences during that period, including the present one.
"The fact that the present offence has been committed during the subsistence of the
period when he is under an express obligation to maintain a
is a circumstance which cannot be brushed aside,"
the judge said.
The Forest Encroachment Incident
The case stems from an incident in , when forest officials removed unauthorized cotton cultivation from approximately two hectares of land within the Shoolpaneshwar Wildlife Sanctuary. The encroachers, after being evicted, approached Vasava, who allegedly called the forest officials to his residence. According to the prosecution, Vasava abused and slapped the complainant, Shivrajbhai Chaudhary, and then fired a pistol shot in the air. The next day, his personal assistant Jitendrabhai demanded Rs.60,000 from the officials, which they were compelled to withdraw and hand over.
The court found that the prosecution's evidence, including testimony and bank records,
established
under
.
"Such a conduct,
, falls squarely within the ambit of the offence of
,"
the judgment stated.
Court's Scathing Observations on MLA's Conduct
In a strongly worded opinion, Justice Vyas criticized Vasava's behavior as unbefitting a legislator.
"The applicant-accused no.5, being a sitting Member of the Legislative Assembly, ought to have guided the aggrieved person to seek lawful remedies. Instead, he resorted to intimidation and coerced government employees into arranging and paying compensation to individuals who had encroached upon forest lands,"
the court noted.
The judge further remarked that Vasava's actions reflected a tendency to respond to opposition with violence.
"His conduct, when viewed against the backdrop of the evidence on record, is not befitting a sitting Member of the Legislative Assembly who represents a law-making institution."
Emphasizing the
, the court quoted:
"Law is the king of kings, nothing is mightier than law, by whose aid, even the weak may prevail over the strong."
The court also pointed out that granting at this stage could create a perception that persons in power are above the law, undermining public confidence in the justice system.
for Peripheral Role: Co-accused Granted
While refusing the pleas of Vasava and Jitendrabhai, the court allowed the for accused no.7 Rikeshbhai Vasava, whose role was limited to bringing the pistol from inside the house upon the MLA's instruction. The court found that his involvement was peripheral and that he was entitled to with other co-accused who had already been granted .
The Decision and Its Implications
The court dismissed the criminal miscellaneous applications for filed by Chaitarbhai Vasava and Jitendrabhai Vasava, while allowing that of Rikeshbhai Vasava on a bond of Rs.15,000 with conditions including not indulging in criminal activity. The registry has been directed to expedite the hearing of the main appeals.
The ruling sends a strong message about accountability for public officials, reinforcing that holding high office does not confer immunity from criminal consequences. The court's detailed analysis of the MLA's conduct and his criminal record serves as a precedent for evaluating pleas in cases involving abuse of power.
