AAP candidate Chaitar Vasava had approached the High Court seeking exemption from the bail condition.
The Gujarat High Court on Tuesday granted interim relief to Aam Aadmi Party (AAP)'s Bharuch Lok Sabha candidate Chaitar Vasava by suspending the bail condition that restrained him from entering the limits of Narmada district till the conclusion of trial in a 2023 rioting case.
Observing that contesting an election is a statutory right of the applicant as a citizen of India, Justice M R Mengdey granted interim relief to Mr Vasava till June 12, the next date of hearing in the case.
Mr Vasava had approached the HC seeking exemption from the bail condition imposed by a sessions court restraining him from entering Narmada district and prohibiting him from residing in both Narmada and Bharuch districts.
Some parts of Narmada district fall under the Bharuch Lok Sabha constituency from where Mr Vasava is the AAP nominee for the May 7 polls.
Since he is a candidate from the Bharuch Lok Sabha constituency, the condition imposed by the sessions court deprived him of his statutory right of contesting election in a free and fair manner, the AAP leader submitted.
"From the record, it appears that a registered political party has nominated the present applicant to be its candidate for ensuing parliamentary election for the Bharuch constituency. Contesting an election is a statutory right of the applicant being a citizen of India to enable the present applicant to contest the ensuing election, by way of an interim relief, the aforesaid conditions are ordered to be suspended till the next date of hearing (on June 12)" the HC said in its order.
On January 22, a sessions court in Dediapada, Narmada district, had granted bail to Mr Vasava in the rioting case on condition that pending trial, he shall reside outside the limits of Narmada and Bharuch districts and furnish details as regard to his address and mobile number.
This prohibited him from canvassing for the election. The AAP nominee had approached a local court to lift the bail condition so that he could campaign for the party, but his application for relief was turned down, prompting him to move the HC.
Mr Vasava was booked in November 2023 under Indian Penal Code (IPC) sections related to rioting, unlawful assembly, criminal intimidation, obstructing a public servant in the discharge of their functions, extortion, reciting obscene acts and songs, and also under the Arms Act.
The case stemmed from an incident where Mr Vasava was accused of threatening forest officers and firing in the air while trying to resolve an issue pertaining to cultivation of forest land by local tribals in Narmada district.
Mr Vasava told the HC that when the sessions court imposed the condition, he sought relief on the ground that his political career would be ruined since the trial of the case is likely to take some time.
The Gujarat government opposed Mr Vasava's application for relief, contending certain conditions were imposed after considering his conduct and that he had misused the liberty granted to him by the sessions court by making some unwarranted utterances.
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