On Monday, the Gujarat High Court enlarged Aam Aadmi Party working president and Dediapada MLA Chaitar Vasava on bail in connection with the alleged assault of BJP leader Sanjay Vasava, but imposed a stringent restriction prohibiting him from entering Dediapada taluka, including his native Bogaj village, for one year.
Justice M. R. Mengdey expressed strong disapproval of the legislator’s conduct, while observing, “The applicant (Chaitar) is a sitting MLA of Dediapada but his conduct is not befitting of his post… The incident had actually taken place and the applicant had assaulted the complainant… He is alleged to have assaulted the elected member of the taluka panchayat with a mobile phone and then hurled a glass at the complainant… His application is fit for consideration but he shall not enter Dediapada taluka for a period of one year (except for attending court hearings).”
The case stems from a July 5 incident where the complainant, BJP’s Dediapada taluka panchayat president Sanjay Vasava, alleged that the MLA verbally abused another panchayat president and subsequently attacked him with a phone and a glass when he intervened. Following the complaint, Chaitar Vasava was arrested and lodged in Vadodara Central Jail. This was his renewed bail application after withdrawing an earlier plea filed before the chargesheet. The Sessions Court had earlier granted him limited temporary bail to attend the Assembly session under police escort, later modified by the High Court to permit his presence in Gandhinagar without police escort, subject to an undertaking restricting public engagements.
Appearing for the defence, Senior Advocate Zubin Bharda argued that the episode amounted to a “minor scuffle” arising out of a dispute over a list of members, initially described in police records as a “mutual conflict”. He further highlighted that the complainant sought medical treatment three days after the alleged assault and that the mobile phone purportedly hurled at him was recovered “without damage”.
The prosecution, however, maintained that the incident “cannot be denied”, pointing out that the investigation had been completed and the chargesheet filed within the statutory period. It pressed for conditional bail in view of the MLA’s position and the nature of the allegations.
While granting bail on a personal bond of Rs.10,000, Justice M. R. Mengdey refused the plea to permit participation in constituency meetings under an undertaking of good behaviour. The Court remarked, “Look at your conduct and the style of your (politics)… Similar undertaking was given in an earlier offence.”
By restraining the MLA from entering his own constituency, the Court sought to balance the right to liberty with the need to protect the complainant and ensure public order. His aides have indicated that he may temporarily shift to Rajpipla, the district headquarters, to continue coordinating his constituency responsibilities.
Source PTI
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