Gujarat govt’s plea rejected
AHMEDABAD: A sessions court refused to permit Gujarat govt to withdraw a criminal case against 19 Karni Sena activists, who were booked for vandalising a mall, torching vehicles and damaging property during their protest against the release of the film ‘Padmavat’ in 2018. The court said the alleged offence was committed “to achieve personal interest and to maintain dominance of a particular community, ignoring the public interest”. It noted that the accused caused damage to the tune of Rs 16.4 lakh during the rioting. tnn Accused not criminals but youth high on emotions: Court Karni Sena’s candle march on Jan 23, 2018, in protest against the movie event took a violent turn, with 19 participants being booked for rioting, unlawful assembly, arson, and criminal conspiracy under provisions of IPC, section 3(1) of Damages to Public Property Act and section 135(1) of Gujarat Police Act. After investigation, police filed a chargesheet and the case has been pending in a sessions court since 2019. The state govt first requested a JMFC court to allow it to withdraw the case under CrPC section 321, but the request was refused in 2022. It then approached the Ahmedabad (rural) sessions court and submitted that the decision to withdraw prosecution was based only on the interest of the public at large, and would be helpful in the administration of justice. The accused are not criminals but younsters who acted in the heat of passion and were high on emotions, it argued. However, additional sessions judge Hardik Shah said court can’t permit withdrawal of prosecution merely because state govt issued an order to the public prosecutor. The court said the prosecutor did not apply his mind or express his opinion on the issue.
