Gujarat govt's effort to drop charges fail as court sentences BJP MLA to six months of imprisonment

A court in Jamnagar on Tuesday held BJP MLA Raghavji Patel and four others including three journalists guilty of rioting, damage to public property, among other charges and sentenced them to six months of imprisonment. The court stayed the order for a month for appeal following the request by the convicts' lawyers.

Interestingly, the BJP government had decided to withdraw the case against Patel, MLA Jamnagar rural, and others earlier this year but the trial court rejected it. The government challenged it in the sessions court which also refused to entertain the plea. The government approached the high court challenging the lower court's order which was withdrawn today without attributing any reason.

Patel had cross-voted in favour of BJP in 2017 Rajya Sabha polls when senior Congress leader Ahmed Patel narrowly escaped defeat. He was among eight Congress MLAs who were expelled by the party for cross-voting. He later joined BJP, contested from Jamnagar rural and won.

Judicial magistrate S J Zala pronounced the judgement holding Patel, his close associate Narendrasinh Jadeja and three journalists-Jitu Srimali, Karansinh Jadeja and Jayesh Bhatt guilty of offences including assault on government officer, unlawful assembly, rioting and damages to public property act. The judge sentenced them to six months imprisonment. The court acquitted three other accused.

The incident had taken place back in 2007 when Patel, then Congress MLA, and seven other accused had gone to the government hospital in Dhrol, Jamnagar rural, where they assaulted the medical officer and created a ruckus by damaging public properties. The three journalists had defended that they were present on the spot only to cover the visit of the MLA and his supporters.

The court had concluded the hearing in March this year and the judgement was awaited. Meanwhile, Jamnagar collector passed an order to withdraw the case against the MLA. Subsequently, the prosecution moved an application under section 321 of the code of criminal procedure (CrPC) seeking permission to withdraw the case. However, the court denied it. Section 321 deals with the withdrawal of prosecution with the consent of court anytime before the judgment is pronounced.