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Kapil Sibal fails in SC to stop cops charging Hardik Patel with sedition

The Supreme Court on Tuesday permitted Gujarat Police to file a charge sheet against Patel reservation agitation leader Hardik Patel for allegedly instigating one of his followers to kill policemen instead of committing suicide.

Gujarat Police have accused the Patidar Anamat Andolan Samiti (PAAS) leader of sedition.

The bench of Justice JS Khehar and Justice C Nagappan allowed Gujarat Police to file a charge sheet by 8 January as Attorney General Mukul Rohatgi said they have to file the charge sheet by Friday, otherwise it would run into legal intricacies of time limit.

While accepting the attorney general’s plea and allowing filing of the charge sheet, the court observed: “Charge sheet has to be filed there (before trial court). Charge sheet can’t be filed here (Supreme Court).”

The court said that soon after the filing of the charge sheet, a copy would be given to counsel Kapil Sibal appearing for Hardik Patel.

At this, Rohatgi said that once a charge sheet is filed, the Patidar leader would have other forums to move against the charge sheet, and thereby keeping the matter before the apex court may not be a logical step.

Sibal told the court that they have appealed for the quashing of the FIR, but even if whatever has been alleged in the charge sheet was true and accepted, still no case is made out against the Patel leader.

At this, the court told Sibal, “You can go to the high court or come here. Choice is yours”, and directed the listing of the matter for further hearing on 14 January.

The court said Hardik Patel’s plea against sedition charges in another incident in Ahmedabad would also be taken up on 14 January and gave liberty to Gujarat Police to file its reply.

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