A Magistrate Court of Rajkot on Thursday sentenced a Man to Jail for hurling his sandal at a Judge of Gujarat High Court.
In April 2012 Bavanidas Bavaji a resident of Bhayavadar, Rajkot had thrown both of his sandals at Justice K.S. Jhaveri, but he missed the aim. When he was questioned that he did this, Bavaji said that his case is pending for a very long time and is not being heard, so he did this out of frustration.
Chief Judicial Magistrate V A Dhadhal has awarded punishment of 18 months and also refused to grant benefit of probation
The man was booked under Sections 353 (Assault or criminal force to deter public servant from discharge of his duty) and 186 (Obstructing public servant in discharge of public functions) of Indian Penal Code
During the trial Bavaji admitted his guilt and said that he is a tea vendor and his tea stall was removed by the officers of municipality, and aggrieved by it he filed a case in High Court, which remained pending for very long time.
However, after 4 years he retracted from his admission of guilt but the Court considered his admissions and declared him guilty under Section 353 IPC. The Court observed that the intention of Bhavaji was not to stop Justice Jhaveri from performing his duty, but since the matter was pending for so long, he committed this offence.
As such the Court concluded that Section 186 IPC would not be attracted. Bavaji requested for leniency in punishment and sought benefit of probation but the court refused to accept the request and observed that
“It is true that many cases are pending in courts and they are not disposed within time limit, but for this, throwing shoes to a person having prestigious position like a high court judge is deplorable. If benefit of probation is granted in this case, it will set a precedence that if your case is not heard, you can use criminal force on judge and still get away with benefit of probation.”
On April 11, 2012, just before Bavaji committed the aforesaid offence, another litigant, had thrown his slipper at the Judge, but it fell a few feet away.