'Dhotiya kand': 29 yrs on, Gujarat court allows withdrawal of case against BJP ex-MP

Ahmedabad: Over 29 years after an incident where then-Gujarat minister Atmaram Patel's dhoti was pulled during a BJP event, an Ahmedabad court has allowed the prosecution to withdraw the criminal case against party member and former Union minister Amritlal Patel.

Additional Sessions Judge Hemang Kumar Pandya on Thursday allowed the plea to withdraw the case after observing the matter involved internal conflicts within a political party, and noted the prosecution's intention appears to be bona fide.

The incident, widely known as 'dhotiya kand', took place in May 1996 after a public rally, where the then-Prime Minister Atal Bihari Vajpayee had addressed a gathering of BJP leaders.

Opposition Congress, a party Atmaram Patel joined later in his political career, slammed the BJP over the prosecution plea, saying this reflects the ruling party's "mentality" and it is no surprise they have decided to withdraw the case now.

After the dhoti pulling incident, the police had then booked former Union minister Amritlal Patel, now 95, and one Mangaldas Patel, who is no more, under Indian Penal Code section 307 (attempt to murder).

As per case papers, the two accused and many others pulled down the dhoti of BJP MLA Atmaram Patel, a minister in the then-Shankarsinh Vaghela government. Atmaram Patel later joined the Congress and became a member of the 13th Lok Sabha from Mehsana.

The accused were upset that Atmaram Patel, the then-MLA from Vijapur, had sided with Vaghela when he rebelled and floated his own party in 1996 after breaking away from the BJP.

Amritlal Patel was one of the first BJP MPs in the country. He represented the Mehsana Lok Sabha constituency five times between 1984 and 1999, and was Minister of State for Chemicals and Fertilisers in the Vajpayee government. Before that, he had served as an MLA.

Victim Atmaram Patel (as Congress candidate) defeated Amritlal Patel (BJP) in Mehsana in the 1999 Lok Sabha elections.

Additional Sessions Judge Pandya, who allowed the prosecution plea to withdraw the case, noted the other accused, Mangaldas Patel, was also a BJP leader who died during the trial, resulting in the case against him being abated.

Victim Atmaram Patel also passed away during the pendency of the trial in 2002.

"The case is related to internal conflicts of a political party and the permission sought to withdraw this case in the larger interest of the society appears to be bona fide intention of the prosecution. And the public prosecutor seems to have considered the matter of withdrawal," the court said in its order.

Therefore, permission as sought in the application for withdrawal of the prosecution is granted, the court said.

"Reading the chargesheet of this case, it is not stated that the accused number one Amritlal Patel attacked the victim Atmaram Patel," the court added.

Gujarat Congress spokesperson Manish Doshi said the entire incident reflects the ruling BJP's "mentality".

"The 'dhotiya kand' episode reflects the differences that have always existed within the BJP. It also says a lot about the party's mentality, where there is scant respect for senior party leaders. This was also an example of violence and hooliganism existing within the party during that time," Doshi said.

He said the then-BJP leaders conspired against Atmaram Patel, who was a towering cooperative and Patidar leader from north Gujarat and extremely popular among the masses, because they liked to spread violence.

"You can have differences in opinion with a party leader, but that does not mean you will stoop so low. It is absolutely wrong, especially involving a top BJP leader against whom few within the party supported. And today the government decided to withdraw the case against those responsible for this (incident) which is not surprising given the party's nature," the Congress spokesperson opined.

Doshi sought to know if the saffron party will apologise over the entire episode.

"In the BJP, if you go against certain leaders, then you will be suppressed, shown the door. Today (Atmaram) Patel is not with us, but one thing is clear -- the BJP should introspect on the way it behaves with its senior leaders. Will the party ever seek an apology in the public against this?" he asked.