The Hindu : 'Togadia not charged with sedition'

Online edition of India's National Newspaper
Friday, Apr 18, 2003

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'Togadia not charged with sedition'

By Our Special Correspondent

JAIPUR APRIL 17. The Rajasthan Government today made it clear that the charges levelled against the Vishwa Hindu Parishad leader, Pravin Togadia, did not include ``sedition''.

Mr. Togadia, under judicial custody after he was arrested near Ajmer on April 13 for holding a ``trishul diksha'' ceremony, was being charged under Section 121 A and not under Section 121 of the IPC, it pointed out.

Under Section 121, the charges are ``waging or attempting to wage a war or abetting waging of war'' against the Government of India which, if proved, is punishable with death or imprisonment for life.

Section 121 A, on the other hand, says, ``... whoever, within or without (India) conspires to commit any of the offences punishable by Section 121 or conspires to overawe by means of criminal force or the show of criminal force (the Central Government or any State Government), shall be punished with imprisonment for life or with imprisonment of either description, which may extend to 10 years and shall also be liable to fine''.

``There seemed to be a deliberate attempt to spread the rumour that `rajyadroh' (treason) charges are being levelled against Mr. Togadia,'' observed the Chief Minister, Ashok Gehlot, today. ``This is an attempt at cheap popularity.''

In fact, the State Government was rather taken aback by the interpretation in the electronic media of Section 121 A which was slapped on Mr.Togadia along with five other Sections, 153 A, 153 B, 117, 505 and 295 A, of the IPC.

The State counsel, S.R.Bajwa, pointed out before the Additional Chief Judicial Magistrate (ACJM) at Ajmer during the hearing of bail application on Wednesday that Mr. Togadia held aloft weapons made in the form of ``trishuls'' in both hands at the time of the ``diksha'' ceremony and had challenged the Chief Minister to arrest him. Mr. Togadia also used provocative language against a community and spoke about creating a ``Hindu rashtra''.

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