The Mehsana sessions court in Gujarat recently set aside a lower court order sentencing Congress MLA Jignesh Mevani and 9 others to 3 months in jail in a 2017 case.
The case states taking out a public rally without police permission, noting debates and bona fide criticism of government actions that are essential for the existence of democracy.
The sessions court in its judgment quoted the 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.”
Observing the entire case of the prosecution was baseless and without any substance or evidence, Additional Sessions Judge CM Pawar allowed the appeal of Mr.Mevani, Aam Aadmi Party (AAP) leader Reshma Patel, and others against the May 2022 order of a judicial magistrate court that found them guilty under sections 143 (unlawful assembly) of the Indian Penal Code (IPC).
Following the conviction, the magistrate’s court sentenced them to 3 months in jail.
The case dates back to July 2017 when an FIR (first information report) was lodged against the Dalit rights activist Mr. Mevani and others at the Mehsana ‘A’ division police station for taking out an “Azadi march” from Mehsana town to Dhanera in Banaskantha district without police permission.
Therefore, the rally was organized in support of rights of landless farmers in the region.
While setting aside the lower court’s order, the sessions judge observed, “deliberations, discussions, debates and bona fide dissent against policies of the government and even bona fide criticism of the action of government are essential for the existence of democracy in the nation.”
It also flagged the issue of misuse of power & process of law by authorities for suppressing the voice of people and noted showing “dominance of power” is not unknown even in a democratic setup.
The session court observed that in a democracy, elected leaders aren’t meant to rule over people but to serve them.
Further, it stated that “It is the pious duty of the ruler of every democratic nation to protect the rights of citizens without any fear of criticism for the survival of the ethos of democracy in the nation.”
Judge Pawar said if dissent or peaceful protest is branded as an offense in a democracy, then the right to freedom will have no place.
The accused persons sought permission from authorities to organize a rally under the banner of Rashtriya Dalit Adhikar Manch to air the grievances of members of the Dalit community. Permission for the event was first granted by the executive magistrate through an order dated June 27, 2017, and later cancelled on July 7 on grounds of public disorder.
Despite this, the organizers decided to go ahead with their planned rally and were subsequently booked by the police under IPC section 143 (unlawful assembly).
Previously, Mr. Mevani was the independent MLA from Vadgam in the Banaskantha district. The prominent Dalit leader got elected from the same Assembly seat in the December 2022 polls on a Congress ticket. He is also a working president of the Gujarat Congress.
The Ahmedabad court in September last year sentenced Mr. Mevani and 18 others to six months simple imprisonment in a 2016 case of rioting.
