Whats app Extract by MD :
Observations of the Ld. Sessions Court, Mehsana while acquitting 10 accused including MLA Jignesh Mevani, Subodh Parmar, Reshma Patel and Kaushik Parmar.
Para 30.
" This court is of the view that right of freedom enshrined in the constitution is not only for academic purpose but in fact it is the founding stone of democractic nation. In the democratic set up, deliberations, discussions, debates and bonifide dissent against policies of government and even bonafide criticism of in action of government are essential for existence of democracy in nation.
It would be worth to note that nowadays misuse of power of statutory authority and misuse of process of law for suppressing voice of people and showing dominance of power is not unknown even in democratic set up. Therefore this court reminds that it is the pious duty of ruler of every democratic nation to protect right of freedoms of citizens without any fear of criticism for survival of ethos of democracy in the nation because in democratic set up elected leaders are not meant to rule over the people but in fact they are meant to serve the people of nation. Moreover, this court is also of the view that if in democratic set up every dissent and peaceful protest is branded as offence then right of freedom no place in democratic set up.
Para 31 - hence in view of aforesaid factual background of case this court is of the view that entire case of prosecution is baseless and without any substance or evidence. In the result accused are required to acquitted from offence and thus imunged judgement of conviction passed by learned trial court deserves to be set aside "