Gujarat High Court Directs Lower Court to Expedite Nomination Plea of Accused in JMC Polls
In a significant legal development, a GujCTOC accused approached the Gujarat High Court on Thursday, seeking permission to file nominations for the upcoming Jamnagar Municipal Corporation (JMC) elections. The petitioner, Altaf Khafi, is currently in police remand and faces multiple criminal cases, complicating his ability to participate in the electoral process.
Petitioner's Plea and Legal Arguments
Altaf Khafi's counsel, I H Syed, argued before the court that his client should be allowed to file his nomination papers under police escort. Khafi is not in judicial custody but is under police remand, which restricts his ability to seek bail. The counsel highlighted that Khafi has been booked in three separate cases recently, creating a cycle of legal hurdles.
Details of the Cases:
- Khafi was first arrested on February 2 in connection with an FIR and was later released on bail.
- He was arrested again on Thursday in a second FIR and is currently undergoing custodial interrogation.
- A third FIR was registered against him on April 5, meaning even if he secures bail, he could face immediate re-arrest.
The counsel emphasized that this legal process could delay Khafi beyond the nomination deadline for the civic polls. Citing Supreme Court judgments, he asserted that an accused has the right to be released temporarily for filing nominations, a crucial aspect of democratic participation.
Court's Response and Directions
After hearing the arguments, Justice M R Mengdey advised Khafi to approach the concerned lower court for an appropriate remedy. Consequently, Khafi withdrew his petition from the High Court to seek relief from the lower court. The High Court then issued a directive, ordering the lower court to decide on Khafi's applications by Friday.
The court order explicitly stated: "It is made clear that if the petitioner approaches the concerned forum with an application, the same shall be considered by the concerned forum as expeditiously as possible, preferably by April 10." This move aims to ensure a swift resolution, balancing legal procedures with electoral timelines.
Parallel Case and Broader Implications
In a related incident, another GujCTOC accused, Aslam Khilji, successfully filed his nomination for the JMC elections after being taken to the returning officer under police escort. This case underscores the ongoing legal and logistical challenges faced by accused individuals seeking to exercise their electoral rights in Gujarat.
The situation highlights the intersection of criminal law and electoral processes, raising questions about access to democratic participation for those under legal scrutiny. As the nomination deadline approaches, the court's expedited directive reflects an effort to uphold constitutional rights while adhering to judicial protocols.
