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SC puts off Hardik's plea against sedition case to Jan 5

November 06, 2015 16:27 IST

Leader of the quota stir for the Patel community Hardik Patel did not get any immediate relief from the Supreme Court on Friday. The court said his plea challenging the invocation of sedition charge for allegedly inciting a mob during the agitation will be heard after the Gujarat police completes its probe in the case.

A bench comprising justices J S Khehar and R Banumathi directed the Gujarat police to complete the investigation within one-and-a-half months in the sedition case and file a report before it in a sealed cover. The SC posted the hearing to January 5.

The bench also directed the police not to file the chargesheet in the sedition case without the apex court’s permission.

It declined to interfere with the proceedings of the Gujarat high court in another case of habeas corpus in which Hardik is accused of stage-managing his own abduction by the police.

“It is clarified that the high court may continue with the matter in the special criminal appeal pertaining to habeas corpus,” the bench said.

Before passing the order, the bench took on record the submissions of Attorney General Mukul Rohatgi, appearing for the state government, and senior advocate Kapil Sibal, representing Hardik Patel.

“We consider it just and appropriate to defer the hearing in the matter (sedition case). List it after one-and-a-half months on the completion of investigation,” the bench said while posting the matter for January 5.

The sedition case relates to an FIR lodged against the 22-year-old Patidar leader on October 18 under various IPC provisions, including spreading rumours or false statement and criminal intimidation.

The Gujarat HC had earlier refused to quash the sedition case against Hardik for his purported suggestion to kill policemen.

Six people were booked under IPC Sections 121 (waging war against the government), 124 (sedition), 153-A (promoting enmity between different communities) and 153-B (assertions prejudicial to national integrity).

The Ahmedabad crime branch, in its FIR against Hardik and five others on charges of sedition, said he had allegedly instigated his community to adopt violent means to wage 'war against the Gujarat government'.

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