A Gujarat sessions court, Wednesday, overturned a lower court sentence and conviction of Congress MLA Jignesh Mevani and nine others in a case of unlawful assembly for taking out a public rally without the permission of the police in 2017.
Setting aside the lower court judgement, a sessions court in Mehsana district observed that debates and bona fide criticism of government actions are essential for the existence of democracy while also quoting former US President Abraham Lincoln: “Those who deny freedom to others deserve it not for themselves, and under a just God, cannot long retain it.”
The sessions court in its judgement noted that the prosecution’s entire case was baseless and lacked any substance or evidence.
Additional Sessions Judge CM Pawar allowed the appeal of Jignesh Mevani, Aam Aadmi Party (AAP) leader Reshma Patel, and others against the May 2022 order of a judicial magistrate court which had convicted and sentenced them for three-months in jail under sections 143 (unlawful assembly) of the Indian Penal Code (IPC).
In July 2017, an FIR was lodged against Dalit rights activist Jignesh Mevani and others at the Mehsana ‘A’ division police station for taking out an “Azadi march” in support of landless farmers of the area, without police permission, from Mehsana town to Dhanera in Banaskantha district.
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Mevani and other accused had sought permission from authorities to organise a rally under the banner of Rashtriya Dalit Adhikar Manch to air grievances of members of the Dalit community.
Jignesh Mevani—a prominent Dalit leader—is also a working president of the Gujarat Congress.
An executive magistrate via an order June 27, 2017 granted the permission for the rally, however, it was rescinded on July 7 of that year on grounds of public disorder but Mevani and others persisted and went ahead with their planned rally leading to an FIR against them for unlawful assembly under section 143 of the IPC.
Mevani, at the time, was an independent legislator from Banaskantha district’s Vadgam and was reelected from the same constituency on Congress ticket in the December 2022 elections.
Justice Pawar in his ruling observed that “deliberations, discussions, debates and bona fide dissent against policies of government and even bona fide criticism of action of government are essential for the existence of democracy in the nation.”
The sessions judge also highlighted the misuse of power and process of law by authorities for suppressing the voice of people, and noted showing “dominance of power” is not unknown even in a democratic set up.
The judge noted that in a democracy elected leaders meant to serve the people not to rule them, adding that a democratic nation is duty-bound to “protect the rights of citizens without any fear of criticism for survival of the ethos of democracy in the nation.”
He observed that right of freedom will be nullified in a democracy if dissent or peaceful protest is branded as an offence.
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