Four persons charged with serious offences, such as attempt to culpable homicide, rioting & conspiracy, for partaking in a protest against the new citizenship law at Chhapi, Banaskantha district on Dec 19, moved the Gujarat HC on Dec 30, seeking quashing of the First Information Report (FIR) against them.

The four — Amarnath Vasava, Satish Vansola, Abdulhaq Nedariya & Yasinbhai Banglawala — are among the 22 persons named as accused in the First Information Report (FIR), filed on Dec 19.

The First Information Report (FIR) filed at the Chhapi police station booked the 22 accused under Indian Penal Code (IPC) sections pertaining to conspiracy (120 B), attempt to culpable homicide (308), endangering life (336), unlawful assembly (143, 149), rioting (147, 153), assault & obstruction to public servants (152, 353) & criminal intimidation (506(2)).

The accused have also been charged under provisions of the Prevention of Damage to Public Property Act.

The First Information Report (FIR) alleges that while the permission to assemble was granted on Dec 18, because the ground for assembly was given as commemorating the martyrdom of freedom fighters Ashfaqulla Khan & Bismillah (Ram Prasad Bismil), “a conspiracy was hatched” to protest the Citizenship Amendment Act (CAA).

As was reported by this paper, the initial grant of permission had included the commemoration service as well as protest assembly against Citizenship Amendment Act (CAA).

“However, on the morning of 19.12.2019, at around 8:45 am, the petitioners were picked up & detained by the police. The alleged incident of rioting, as per the First Information Report (FIR), occurred only around 10:00 am when the petitioners, having been detained, were n't even present at the scene of crime…Subsequently, S. 395 of Indian Penal Code (IPC) was also added to the above-mentioned crimes on the ground that the accused had forcibly taken away the keys of a GSRTC bus. The petitioners submit that even if the facts are taken to be true, no offence U/s 395 of the Indian Penal Code (IPC) can be said to have been committed,” the petitioners have submitted.

The petitioners further submitted, “The cancellation of the permission granted by the Mamlatdar of Vadgam, was also in breach of Art. 19(1)(a) & Art. 19(1)(b) of the Constitution of India. The citizens of India have a right to hold meetings – peacefully & without arms – & protest against the policies of the Govt. Permission cannot be denied merely because people intend to hold a protest meeting.”

The petitioners have also sought that the cancellation of the earlier approved permit to assemble, be quashed & set aside.

In the interim, the four have sought that no further action be taken against the petitioners & to also stay further investigation.

As of Dec 23, 42 persons were arrested pursuant to the First Information Report (FIR). The matter is expected to be heard further on Jan 15.

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