No relief to Hardik in sedition case

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

A Bench, comprising Justices JS Khehar and R Banumathi, directed the Gujarat police to complete the investigation within one-and-a-half month in the sedition case and file a report before it in a sealed cover and posted the hearing for January 5, 2016. The Bench also directed the police not to file a charge-sheet in the sedition case without the Apex Court's permission.

The Apex Court also declined to interfere with the proceedings of the Gujarat high court, which is proceeding with another case, in which Hardik has been accused of stage- managing his own abduction by the police. The Bench said that it was not interfering in another case of habeas corpus pending before the Gujarat high court.

“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, 2016.

The Bench said "we must allow the high court to proceed with another case (habeas corpus)." 

The sedition case relates to an FIR lodged against 22-year-old Patidar leader Hardik on October 18 under various Indian Penal Code (IPC) provisions relating to the offence of sedition, abetment of an offence, spreading rumour or false statement and criminal intimidation.

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