“Her Raising Voice To Interpret Constitution In Own means does not amount To Sedition”: Gujarat HC Grants Bail To ‘Pathalgadi’ Leader

Case title – Babita Sukar Kashyap v. State Of Gujarat

The Gujarat court on weekday granted bail to Pathalgadi Movement leader Babita Kachhap (Kashyap) who was in remission by the Gujarat opposing Terrorist Squad (ATS) in July last year over her involvement in an alleged campaign to support the “Pathalgadi movement”.

The Bench of Justice S. H. Vora noted that the prosecution could not suggests that one event to entails that any disturbance had been caused or public usually was affected in their traditional activities on account of Babita’s involvement with the movement.

Importantly, the Bench additionally discovered that there was no indication that on account of her raising a voice inside the road of her interpretation of Fifth Schedule of the Constitution of India, there was any overt act or any response from anyone publically .

Therefore, the Court command thus:

“The Presence of mens real which is an essential element to make out an offence under section 124(A) and 153(A) of IPC is not available on record”

About Pathalgadi Movement:

Pathalgadi movement refers to the 2016 movement that started primarily inside the Maoist belt of Khunti and close districts in Jharkhand, wherever the social group population had erected huge stone plaques outside their individual villages, saying entry restriction to “outsiders” and mentioning excerpts from the panchayet (Extension of Scheduled Area) Act.

The word Pathalgadi virtually interprets to “carving a stone” inside the social group culture of Jharkhand. The Pathalgadi movement, that advocates self rule, resulted in violence in Jharkhand between the regime and social group individuals in 2016 and 2017.

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