Ahmedabad, Aug 24 The Gujarat High Court on Monday rejected the bail plea of Aam Aadmi Party (AAP) MLA Chaitar Vasava in an assault and extortion case in which he was sentenced to seven years' imprisonment along with eight others by a sessions court in Narmada district.
Vasava has not yet been disqualified as a member of the state assembly.
A single bench of Justice Vimal K Vyas rejected Vasava's plea for suspension of sentence and observed that being a member of the legislative assembly, he ought to have guided the aggrieved persons to seek lawful remedies rather than resort to intimidation and coerce government employees, as materials on record prima facie reflect.
"(The MLA) resorted to arranging and paying compensation to the individuals who had encroached upon the forest lands and undertaken unauthorised cultivation. Such conduct of the applicant, who is an MLA, raises the question of propriety in the context of the public office he holds," the court noted in its order.
It also said that even after being on bail in another offence subject to a condition against misuse of the liberty so granted, he openly breached the condition and continued to involve himself in further offences for the benefit of his supporters.
"Such conduct, therefore, cannot be regarded as befitting the office held by him," the high court noted.
"In a case where such circumstances exist, an order suspending the sentence and enlarging the accused on bail may create a perception in the society that persons in power are beyond the reach of law and may commit the offences without fear and legal consequences," it said.
The court said that it cannot remain oblivious to such a consequence, as "the exercise of judicial discretion must necessarily be governed by the need to preserve public confidence in the administration of justice and the rule of law".
"It is well said that the law is the king of kings, nothing is mightier than law, by whose aid even the weak may prevail over the strong. Bearing in mind the aforesaid, the applicant being an MLA, ought to have guided the aggrieved persons to seek lawful remedies," it said.
On June 23 this year, a sessions court in Rajpipla sentenced Vasava, his wife, PA and six others to seven years' rigorous imprisonment in the 2023 case of assaulting forest officials and extortion.
The incident occurred on October 30, 2023, and an FIR was registered on November 2, 2023.
Out of nine convicts in the case, the high court has granted bail to Vasava's wife Shakuntalaben and some others.
Vasava is currently lodged in the Vadodara Central Jail.
He and others were accused of assaulting forest officials and extorting Rs 60,000 from them.
According to the prosecution, forest authorities had removed unauthorised crops after registering an offence, following which officials were summoned to Chaitar Vasava's residence.
A round forester was allegedly abused, slapped and threatened there by the MLA, while a weapon was reportedly fired in the air to create fear. The next day, forest officials were allegedly coerced into paying Rs 60,000.
The prosecution produced witness testimonies, documentary evidence, call records, and bank statements establishing the involvement of the accused.
