Patel had failed to appear before a sessions court in Ahmedabad, which is conducting trial in the 2015 sedition case.
The Gujarat High Court recently revoked a non-bailable warrant (NBW) that had been issued against Hardik Patel, a Bharatiya Janata Party MLA. This warrant had been issued by an Ahmedabad Sessions Court due to his non-attendance at the trial proceedings for a sedition case filed against him in 2020.
In a notable decision, Justice Sandeep Bhatt, the sole judge, noted that the prosecution did not object to the NBW’s revocation. The court also took into consideration the ongoing Supreme Court cases that challenge the constitutionality of Section 124A (sedition) of the Indian Penal Code (IPC), which criminalizes sedition.
It’s intriguing that both parties involved in the court proceedings agreed that the contested order should be annulled, despite the remaining aspects of the case yet to be addressed. Additionally, the Supreme Court is currently reviewing the constitutionality of these sections. The Court justified its decision, stating, “Considering the nature of the prayers made in the present petition, granting it is appropriate.”
Hardik Patel faces charges of sedition, waging war against the nation, and criminal conspiracy, stemming from his leadership in the 2014–2015 Patidar agitation. The NBW had been issued against him by an Ahmedabad Sessions Court in 2020 for his failure to attend court during the trial. Patel defended himself by asserting that he had indeed applied for an exemption from appearing in court, but his request had not been considered and was consequently denied.
During the legal proceedings, Rafique Lokhandwala served as the representative for Hardik Patel, while Mitseh Amin represented the state as the prosecutor.
