No withdrawal of cases, model code traps Hardik and friends

With the model code of conduct coming into effect, there is now no way that the criminal cases against Patel community youths can be withdrawn. According to sources in the Home department, there are 72 cases against Patidar youths, including sedition cases against Patidar Anamat Andolan Samiti (PAAS) leader Hardik Patel and nine of his colleagues, related to the violence that took place during their quota protest rally on August 25, 2015.

More trouble awaits the Patidar leader, as the Visnagar sessions court in Mehsana district on Wednesday issued non-bailable arrest warrants against Hardik and Sardar Patel Group (SPG) president Lalji Patel.

The warrants were issued after both leaders failed to appear before the court in a case in which BJP MLA Rushikesh Patel's office was ransacked in July 2015.

It was during a protest rally against the state government, organised by PAAS and SPG, that a crowd had ransacked Patel's office. Besides attacking the local MLA's office, the crowd had set several private vehicles on fire, alleging that he did not respond to the demands of the agitating community.

The local police filed criminal cases against Hardik and 17 others, following which the court summoned Hardik and Lalji. Though they were expected to be present before the court on their own, the two leaders failed to do so.

While Hardik could not be reached for this comments, his colleague in PAAS, Dinesh Bambhaniya, blamed the BJP-led state government.

"The BJP government is doing this (acting against Hardik) out of sheer frustration, as they have started believing they may lose the polls. They want to stop us, but it cannot happen. In fact, if they arrest Hardik, it can backfire. He (Hardik) did not skip any legal proceeding. He could not attend one hearing due to some social obligations," Bambhaniya said.

Lalji said, "This is unfair. I had appeared twice before the court and could not attend the third time because of unavoidable circumstances. In fact, Hardik did not appear before the court. I respect the court and its proceeding and have full faith in judiciary."

Deputy Chief Minister Nitin Patel said, "This is a court warrant, not a police warrant. This should not be taken as an arrest warrant by the police. The director general of police (DGP) of Gujarat has made an appeal before the court that no arrest was required in the case. Some people are trying to twist the issue by giving it political colour. The proceedings of court and police are different."

Ashok Gehlot, in charge of the Congress in the state, said, "The arrest warrant against Hardik Patel means the Gujarat government is fearing him. This also suggests they have already accepted their loss in the poll battle."

During the peace talks held last year under the then chief minister Anandiben Patel, the government had announced that cases will be closed. A total of 468 cases out of 537 criminal cases against Patidar youths have been closed since then. On October 17, after another round of peace talks with PAAS leaders, the Vijay Rupani government had announced they would not proceed further on 223 cases. While the cases that are already in the process will be closed, legal proceedings in the others will continue. None of those cases can be withdrawn now as the chief election officer in Gujarat BB Swain has said the state government cannot withdraw any case after the conduct code comes into effect.