Congress MLA Bhaga Barad convicted for illegal mining

In what could be a major disappointment for the Congress party in the state, one of its sitting MLAs from Talala constituency of Gir Somnath district Bhaga Barad was convicted on Friday for illegal mining. The MLA was sentenced to an imprisonment of two-years-and-nine-months, along with a penalty of Rs 2,500, by a local court of Gir Somnath district.

As per the details, the MLA has been convicted by the court of Judicial Magistrate First Class in Sutrapada, SL Mehta, in a 24-year-old case. The FIR against Barad for illegal mining on a gauchar land was registered in the Sutrapada police station by the then royalty inspector MK Maru in 1995.

As per the FIR, Barad and his aides extracted 2.83 lakh metric ton of limestone valued at Rs 2.83 crore. According to public prosecutor DJ Trivedi, the MLA used the lease of a certain Jetha Devalia, who had obtained the mining lease in Pikhor village. The mining was carried out on gauchar land, which is prohibited under law, and the accused were supplying the limestone to a company.

The prosecution produced several oral and documentary evidence before the court to drive home their point that Barad was involved in illegal mining. The court after evaluation of all the evidence held the MLA guilty under Section 379 of the Indian Penal Code (IPC), which prescribes the punishment for theft.

When the sentence was pronounced on Friday, the MLA was present before the court and requested it to stay the conviction allowing him to appeal against the judgment before the sessions court. This was accepted by Justice Mehta, who stayed the judgment for a period of one month.

The development is also being seen as bad news for the Congress as Barad stands a chance to lose his seat due to his disqualification post-conviction. As per norms, an MLA will be disqualified from the house if he or she is held guilty, convicted, and sentenced to two or more years in jail.

The apex court has already made it clear that a legislator stands disqualified from the house if he or she fails to get a stay on the conviction from an appellate court. The only saving grace for Barad is that the court, while pronouncing the judgment, acceded to the MLA's request of staying the verdict, allowing him to appeal before the sessions court. Notably, Barad will have to appeal before the sessions court of the district against his conviction, for which the court has granted a month-long stay on the verdict.

Tension Looms 

The development is being seen as bad news for the Congress as Barad stands a chance to lose his seat due to his disqualification post-conviction.

Lawfully Incorrect

MLA has been convicted in a case from 1995

• 2.83 lakh  Metric ton of limestone extracted by Barad and his aides
• Rs 2.83 crore Worth of limestone extracted
• The MLA has to pay a penalty of Rs 2,500
• The court after evaluation of all the evidence held the MLA guilty under Section 379 of the Indian Penal Code (IPC)