The Hindu : Togadia charged with damaging communal harmony

Online edition of India's National Newspaper
Sunday, Apr 20, 2003

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Togadia charged with damaging communal harmony

By Mohammed Iqbal

AJMER APRIL 19. The much-awaited hearing on the bail application moved by the Vishwa Hindu Parishad general secretary, Praveen Togadia — who has been in judicial custody since April 14 — was postponed till Monday by a sessions court here today after Mr. Togadia's lawyer sought time demanding the transcript of his allegedly inflammatory speeches recorded by the police.

The investigating authorities have slapped additional charges of damaging communal harmony and challenging the State Government's authority on the firebrand VHP leader, on the basis of his speeches delivered during a "Dharma Sabha'' here on April 13 and elsewhere.

The bail plea came up this morning before the Additional Sessions Judge, Devendra Kachawa, as the District and Sessions Judge, Hari Singh Punia, was on leave. Bail was earlier denied to Mr. Togadia by a lower court which did not have the jurisdiction to deal with the charges of offence — punishable by life imprisonment — added by the prosecution.

Mr. Togadia's counsel, Onkar Singh Lakhawat, sought the court's direction for supplying the transcripts of speeches to his client and asked for time to submit the judgments of higher courts as judicial precedents in this connection. The VHP has been claiming that Mr. Togadia's public speeches were quoted "out of context'' to frame him on false charges.

However, the Public Prosecutor, Zafar Ahmed Khan, opposed the defence counsel's contention and pointed out that an accused had no right to get copies of evidence collected by the official agencies during the course of investigation, before the chargesheet was filed in court.

The judge posted the case for hearing on April 21 and directed the Public Prosecutor to bring the case diary as well as the transcripts of speeches to the court on that date for "facilitating an appropriate order''. Meanwhile, about a dozen Sangh Parivar functionaries from Gujarat — who had arrived here on Friday — returned to Ahmedabad today after the majority of them failed to meet Mr. Togadia in jail. They included the BJP MLA from Godhra and the former Bajrang Dal leader, Hareesh Bhatt, and the general secretary of the VHP's Gujarat unit, Dilip Trivedi.

``We had come here to extend our moral support to Mr. Togadia, but the prison authorities did not allow us to meet him,'' Mr. Bhatt told this correspondent. He said Mr. Togadia's "struggle'' would be taken to its "logical end'' and a new team of VHP and BJP activists would arrive in Ajmer on Monday.

The district administration is keeping a close watch on the activities of outsiders after its crackdown on local VHP activists. The Additional Superintendent of Police, P.C. Nyola, said the law and order situation in the town was fully under control and no one would be allowed to vitiate the atmosphere.

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Togadia charged with damaging communal harmony