Gujarat HC rejects AAP MLA Chaitar Vasava's bail plea in assault case
Synopsis
Key Takeaways
The Gujarat High Court on Monday, 24 August refused to suspend the seven-year rigorous imprisonment sentence of Aam Aadmi Party (AAP) MLA Chaitar Vasava, convicted in a 2023 assault and extortion case involving forest department officials. Justice Vimal K Vyas rejected Vasava's plea for sentence suspension and bail, observing that the conduct attributed to an elected representative was prima facie unbecoming of the public office he held.
What the Court Said
Justice Vyas held that, as a sitting MLA, Vasava was expected to direct aggrieved citizens toward lawful remedies rather than allegedly intimidating and coercing government employees. 'The applicant being an MLA, ought to have guided the aggrieved persons to seek lawful remedies,' the court noted.
The court also flagged that Vasava had allegedly arranged and paid compensation to individuals who had encroached upon forest land and carried out unauthorised cultivation. 'Such conduct of the applicant, who is an MLA, raises the question of propriety in the context of the public office he holds,' it observed.
Crucially, the bench took note of the prosecution's contention that Vasava had allegedly continued to involve himself in further offences even while on bail in a separate case, in violation of the bail condition requiring him not to misuse the liberty granted. 'Such conduct, therefore, cannot be regarded as befitting the office held by him,' the court said, adding that granting relief in such circumstances could create a perception that those in positions of power were beyond the reach of the law.
The Case Background
The matter stems from events on 30 October 2023, when forest authorities removed unauthorised crops following the registration of a forest offence. According to the prosecution, forest officials were subsequently summoned to Vasava's residence, where a forester was allegedly abused, slapped, and threatened. A firearm was allegedly fired into the air to instil fear.
The prosecution further alleged that the officials were coerced into paying ₹60,000 the following day. An FIR was registered on 2 November 2023, and during trial the prosecution relied on witness testimonies, documentary evidence, call records, and bank statements.
On 23 June, an Additional Sessions Court in Rajpipla sentenced Vasava, his wife Shakuntalaben, his personal assistant, and six others to seven years' rigorous imprisonment. The Gujarat High Court has since granted relief to Shakuntalaben and some of the other convicts. Notably, despite his conviction, Vasava has not yet been disqualified as a member of the Legislative Assembly.
AAP Leadership's Involvement
The case has drawn sustained attention from the AAP's national leadership. On 18 August — just six days before the High Court order — AAP national convenor Arvind Kejriwal and Punjab Chief Minister Bhagwant Mann visited Vadodara Central Jail and met Vasava as part of a two-day Gujarat visit.
This was not the first such visit. In January 2024, Kejriwal and Mann had met Vasava and his wife at the Rajpipla sub-jail following their arrests in the same case. At the time, Kejriwal had publicly backed Vasava and alleged that he had been arrested for raising issues concerning tribal farmers.
What Happens Next
Vasava remains lodged in Vadodara Central Jail as his legal challenge to both the conviction and the sentence continues. The High Court's order underscores the judiciary's reluctance to extend relief where an elected representative is seen to have allegedly abused his position. The question of his legislative membership disqualification may come into sharper focus in the weeks ahead.