Court rejects Gujarat’s plea to withdraw prosecution in 2018 Padmavat movie protest case

The Ahmedabad (Rural) Sessions Court has dismissed an application filed by the state seeking to withdraw prosecution against 18 accused involved in protests against the release of the film ‘Padmavat’ in January 2018.

The accused persons had formed an unlawful assembly with common intention and caused damage to public and private property amounting to ₹16.40 lakh, the court noted while going through the order passed by the trial court.

The court, in its order, observed that the offences were committed "to achieve personal interest and to maintain dominance of a particular community, ignoring public interest". The judge emphasised that no valid reasons were provided in the application under Section 321 of the CrPC for withdrawing the case, which is currently at the committal stage.

Rejecting the plea, the court stated that allowing withdrawal on an unreasoned application in such cases would be against public interest and contrary to Supreme Court guidelines on the use of Section 321 CrPC.

The state's advocate argued that the decision to withdraw was in the larger public interest and would aid the administration of justice. He submitted that the accused were young individuals acting under "heat of passion" and high emotions at the time, with no criminal background, and that few similar cases had seen withdrawals granted.

The case stems from incidents on January 23, 2018, when protestors, under the pretext of a candle march against the film's release, allegedly hatched a conspiracy, formed an unlawful assembly, torched vehicles, and damaged public and government property in Ahmedabad. An FIR was registered at Vastrapur Police Station under relevant sections of the Indian Penal Code (IPC), along with provisions of the Prevention of Damage to Public Property Act and Section 135(1) of the Gujarat Police Act.

 Following an investigation, a charge sheet was filed, leading to the ongoing criminal case.