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6. Mr. Zubin Bharda, learned advocate appearing with Mr. Rafik Lokhandwala for the applicant firstly, by taking me through the FIR lodged at DCB Police Station, would submit that the complainant, by reproducing certain provisions of the Constitution of India, 1950 and all the penal provisions which were initially levelled against the present applicant as well as other accused (whose names have been referred in the earlier part of this order), as well as by reproducing only part of certain communications amongst the Patidars, his speeches telecast in the TV media, newspaper media etc., would submit that the prosecution has tried to establish that only the applicant is sole responsible for several incidents which have taken place in various parts of the State of HC-NIC Page 8 of 34 Created On Sat Jul 09 03:00:00 IST 2016 Gujarat from July 2015 till the date of filing of the FIR. He would submit that in the FIR, the complainant has deliberately reproduced only those part of the speeches etc., which would prima facie create an impression that the intention of the applicant and other leaders, was to commit offences, fall under Chapters VI & VII of the Indian Penal Code which relates to offences against the State. However, if the material collected by the Investigating Agency and made part of the charge-sheet prima facie establishes that the applicant had always declared that PAAS wanted to continue the agitation in a peaceful manner. He would submit that serious allegations were made against the applicant and other accused under Section 121 of Indian Penal Code as if the applicant along with others had all intentions to wage war against the Government though the demand of getting reservation in OBC category was made to the Government. He would submit that number of rallies were organized before 25.8.2015 i.e. prior to the rally organized at GMDC ground, Ahmedabad. However, no serious offences were registered for the same. He would submit that during the rally organized at GMDC ground on 25.8.2015, the applicant has never provoked lacs of people who were present, since they were also interested in getting the reservation. By taking me through the speech delivered by the applicant on 25.8.2015, he would submit that he has put forward reasons for getting reservation under the class, namely, OBC. He has also time and again stated that he wants to proceed with the agitation in non-violent method and time and again requested the crowed gathered to act in peaceful manner. Therefore, the allegations levelled against the applicant are without any basis. He would submit that the Investigating Agency has prepared several transcripts of certain communication between the applicant and the anchor of T.V. Channels as part of charge-sheet which did not HC-NIC Page 9 of 34 Created On Sat Jul 09 03:00:00 IST 2016 constitute any serious offence as alleged by the prosecution. He, therefore, would submit that even at the stage of filing of FIR, the coordinate Bench has entertained the application filed by the applicant and other accused for quashment of FIR and quashed the serious offence under Section 121 of Indian Penal Code. He would submit that at the end of his speech at GMDC ground, he requested the crowed gathered at GMDC to leave the place since most of them have come from different parts of State of Gujarat. He would submit that only few thousand persons were present when he announced that he would remain on fast until the Hon'ble Chief Minister comes and accept the memorandum. He would submit that at that time, the Police personnel, without any reason applied lathicharge to those persons, including number of women who were sitting peacefully. Even the Police personnel started destroying the vehicles parked in several Societies belonging to public and in a particular area, where most of the residents were of Patidar community. This news spread in different parts of State, which resulted into several incidents. The high handed action of Police was also questioned before this Court by way of filing petition being Special Criminal Application No.5072 of 2015. The coordinate Bench by oral order dated 16.9.2015 directed a detailed investigation with regard to the allegations made against the Police personnel who damaged the properties of innocent citizens. He would further submit that since the applicant was detained under Section 68 and on the other hand, the Police personnel were acting in high handed manner, several incidents of attacking the Police stations and attacking the Police personnel came to be reported in different parts of State of Gujarat for which the applicant cannot be stated to have conspired as defined under Section 121A of the Indian Penal Code. He would further submit that the allegations levelled against the applicant that he has threatened that bombs HC-NIC Page 10 of 34 Created On Sat Jul 09 03:00:00 IST 2016 shall be planted in the Assembly is not the bombs as interpreted by the Investigating Agency. However, if the speech is read as a whole, it was the 'bomb of votes' that means the intention of the applicant was to follow the principle of democracy and voting against Government in the next election. He would further submit that several communications between the applicant and the co- accused and other known and unknown persons would not directly or indirectly held the applicant liable for the language used by them.

6.1. Mr. Bharda would further submit that the organization PAAS was carrying on its agitation of getting reservation in OBC in a peaceful manner till 25.8.2015. The disturbances arose only subsequent to the high-handedness of the Police personnel. By taking me through the statement of one Pathik Nagin Patel, Advocate, he would submit that on 25.8.2015, at the end of the rally, the applicant declared that he will accept the memorandum from Hon'ble Chief Minister at his instance i.e. at the instance of said Pathik and that too in consultation with all other accused who were present at GMDC ground. Therefore, he would submit that it cannot be said that everything was preplanned and conspiracy was hatched before organizing the rally at GMDC ground. By taking me through the issues which were to be dealt with at GMDC ground, he would submit that it was categorically stated by PAAS that the rally is to be proceeded in a peaceful manner and everybody should restrain themselves in the rally. He, therefore, would submit that in sphere of moment, some incident took place at GMDC where two Police Officers were superficially injured, would not make the incident very serious though the reflections of people at large in State of Gujarat would have resulted into various incidents as stated herein above that too subsequent to assault by Police itself.

HC-NIC Page 11 of 34 Created On Sat Jul 09 03:00:00 IST 2016 He would further submit that being the convener of an organization, namely, PAAS, he alone cannot be held to have committed all the offences for which he has been charged.

6.2 As far as the offence registered at Amroli Police Station is concerned, Mr. Bharda would submit that one Vipul Desai belonged to Patidar community intended to commit suicide and, therefore, the applicant went to Surat on 3.10.2015 and advised him not to commit suicide. However, certain sentences used by the applicant in presence of media at the time of meeting with the said Vipul Desai, has been treated out of its proportion by the Investigating Agency. He would submit that the incident of his meeting with Vipul Desai is of 3.10.2015, and when said Vipul Desai has categorically clarified about the say of the applicant on 4.10.2015, there was no need for the Investigating Agency to lodge the FIR after a period of 15 days. Certain offences have also been quashed by the coordinate Bench registered with Amroli Police Station. By taking me through the evidence collected in the said offence and transcript of mobile conversation of various members of Patidar community, no serious crime as alleged against the applicant is established. He would submit that the applicant has never attempted or there were no intentions of the applicant to bring into hatred or contempt or excites or attempt to excite disaffection towards the Government established by law, since he had not written or spoken such words. He would submit that he along with other accused was carrying on with his agitation by lawful means and in a peaceful manner and without exciting or attempting to excite the hatred contempt or disaffection amongst the community members.

9. Accordingly, a rally was organized at G.M.D.C. Ground, Ahmedabad wherein lacs of people from Patidar community remained present. Several persons delivered speeches with regard to the demand of reservation in Government jobs and educational institutions. The applicant being the convener and leader of PAAS delivered a speech which has been perused by this Court. He has stated that everybody should prepare themselves to go to Jail and call upon to see that they should march over the capital of State of Gujarat. However, he has also stated that the agitation should be continued in a peaceful manner. He has also requested the members of the rally, who were from distant place, to leave since he intended to go on fast until the Hon'ble Chief Minister of State HC-NIC Page 24 of 34 Created On Sat Jul 09 03:00:00 IST 2016 of Gujarat visits the place of rally and accept the memorandum prepared by PAAS. It is true that he has given interviews on various T.V. Channels. I have gone through the transcript of his interview wherein he has stated that though the Police personnel has attacked the innocent people, the agitation would proceed in a peaceful manner. Another interview with regard to the allegation of implanting bomb in assembly is concerned, the same is part of clipping No.2 recorded at Junagadh. The same, prima facie, suggests that the bomb is with regard to the bomb of votes. It is true that at some places, he has used some harsh language with regard to the conduct of Police personnel who have attacked innocent citizens subsequent to his temporary detention under Sections 68 & 69 of the Gujarat Police Act.